Hasmun Nisa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48568 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ====================================================== Hasmun Nisa, wife of Shahuddin @ Saho, resident of Village Baro Darji Tola, P.S. Phulwaria, District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 15.09.2016 in connection with Phulwaria P.S. Case No. 03/15, G.R. No. 65/15 for offences punishable under Section 304-B/34 of the Indian Penal Code.

The allegation is that petitioner and others have killed the daughter of the informant for not pursuing her study further.

It has been submitted by the learned counsel for the petitioner that she is an old lady, has falsely been implicated in the aforesaid case and that there is no allegation of torture or cruelty, rather the daughter of the informant died a natural death. He submits that the husband of the deceased Jewa Praveen has

Patna High Court Cr.Misc. No.48568 of 2016 (3) dt.21-11-2016 2/2 been acquitted by the learned Addl. Sessions Judge VII, Begusarai in Sessions Trial No. 09/16 on 28.05.2016 (Annexure-2) and father (informant) and brother of the victim had deposed in the examination before the Sessions Judge that the victim lady died due to cold and the people, who were on inimical terms with the in-laws of the victim, have informed them wrongly. He further submits that the petitioner has surrendered herself on 15.09.2016 and there is no allegation against the petitioner. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the husband of the victim lady Jewa Praveen has been acquitted by the learned court below, the petitioner being mother-in-law, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Kishore, learned Judicial Magistrate 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 03/15, G.R. No. 65/15.

(Nilu Agrawal, J.) Rajesh/- U T