Anguri Khatoon @ Anguri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44000 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Anguri Khatoon @ Anguri Wife of Md. Sabir Resident of MohallaChuripatti, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh For the Opposite Party/s :
Mr. Rajiv Nayan For the Informant :
Dr. Bidhu Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he married his second daughter to Md. Sabir about fourteen years ago and out of the wedlock, five children were born. It is also alleged that after marriage, dowry was being demanded and for non fulfillment of the demand, the victim was tortured by the accused persons. It is next alleged
2/4 that Md. Sabir solemnized his second marriage with another lady (petitioner), further on 31.01.2024, informant's daughter called him and informed that accused persons were planning to kill her, thereafter, on 01.02.2024, elder daughter of the deceased called and informed that her father and other family members have killed her mother and the body is kept in the verandah.
4. Learned counsel for the petitioner submits that petitioner, being second wife of Md. Sabir, has been falsely implicated in the instant case by the informant. It is next submitted that in these fourteen years, no case ever came to be instituted either at the instance of the deceased or the informant alleging about demand of dowry and torture. It is further submitted that during the course of investigation, the S.D.P.O. has found the case true under Section 306 of the IPC read with other sections of the IPC and not under Section 302 of the IPC.
5. The learned counsel for the petitioner further submits that the informant very wisely implicated the petitioner with an allegation that the daughter of the deceased informed him that her father and others killed her mother, but during the course of investigation, the daughter of the
3/4 deceased stated that there was an altercation in between the deceased and her father and the deceased locked herself inside a room and thereafter committed suicide. It is also submitted that petitioner will not abscond rather will co-operate in the investigation.
6. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioner, but are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that during the course of investigation, the daughter of the deceased has not supported the allegation as alleged in the FIR.
7. The learned counsel appearing on behalf of the informant further submits that husband of the deceased is still absconding, on which the learned counsel for the petitioner submits that he is availing his remedies.
8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
4/4 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Purnea Sadar P.S. Case No. 79 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
9. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T