Nooresa Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42768 of 2022 Arising Out of PS. Case No.-212 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== NOORESA KHATOON W/O NAZRUL HAQUE Resident of villageMouzabari Kolhabsti, P.S.- Kochadhaman District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 328 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and his mother-inlaw of the deceased and the prosecution case is that the informant's daughter was administered poison for nonfulfillment of dowry demand within three months of marriage. Learned counsel for the petitioner submits that from perusal of allegation as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature, insofar as this petitioner is concerned, it is also submitted that similarly

Patna High Court CR. MISC. No.42768 of 2022(2) dt.13-09-2022 2/3 situated co-accused Aketun Nisha, Tanjara Khatoon and Manija Khatoon have been granted bail by order dated 29.07.2021 in Cr. Misc. No. 8279 of 2021, the learned counsel further submits that father-in-law and husband of the deceased were taken into custody and father-in-law was granted regular bail by order dated 30.06.21 in Cr. Misc. No. 13796 of 2021 and the husband was granted regular bail by order dated 16.07.2021 in Cr. Misc. No. 13714 of 2021. The learned counsel for the petitioner thus submits that since the husband of the deceased has also been granted regular bail by this Court, as such no useful purpose would be served by sending the petitioner, who is mother-in-law of the deceased, to jail.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kochadhaman

Patna High Court CR. MISC. No.42768 of 2022(2) dt.13-09-2022 3/3 P.S. Case No. 212 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T