Bhagmatiya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36326 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== BHAGMATIYA KHATOON wife of MUNAR MIAN Resident of VillageSareya Chainpatti, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Ashok Kumar Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2021 Heard both sides.

The petitioner apprehends her arrest in Paharpur PS case No. 38/2020 registered under Section 304B, 34 of the IPC and u/s 3⁄4 of Dowry Prohibition Act.

The mother of the deceased alleged that her daughter was married to Mansoor Mian about seven years ago but immediately after her marriage her husband and other in-laws, including the petitioner, mother-in-law, started subjecting her to physical and mental torture. Her daughter gave birth to three children. On 21.01.2020 her daughter was killed by tying rope around her neck. The children of the deceased also saw the occurrence.

The learned counsel for the petitioner submits that there is no eye witness of the occurrence. The petitioner is

Patna High Court CR. MISC. No.36326 of 2020(3) dt.23-06-2021 2/2 mother-in-law of the deceased. There is nothing to show that petitioner was subjecting the deceased to torture but it appears from perusal of the case diary that witnesses have stated that petitioner and her son were always torturing the deceased to torture and the case was found true only against the petitioner and her son.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T