Samima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36135 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== Samima Khatoon, Wife of Md. Zeaul Haque, Resident of MohallaBrahampur Near Bari Masjid P.S.- Bhagwan Bazar, District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

The petitioner apprehends her arrest in Bhagwan Bazar P.S. Case No. 26 of 2019 registered for the offence(s) punishable under Section(s) 304(B)/34 of the Indian Penal Code.

As per the F.I.R., it is a case of dowry death due to non-fulfillment of demand of motorcycle as dowry. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case due to enmity and grudge, and the allegations against the petitioner is general and omnibus in nature. It is further submitted that the petitioner is an old lady, aged about 62 years, and is suffering from old age ailments. Husband of the deceased is already in custody. Considering the aforesaid facts and circumstances, age of the petitioner, in the event of arrest or surrender within a

Patna High Court CR. MISC. No.36135 of 2019(4) dt.14-02-2020 2/2 period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra at Saran, District- Saran in connection with Bhagwan Bazar P.S. Case No. 26 of 2019 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) Ankit/- U T