Hasina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54571 of 2018 Arising Out of PS. Case No.-246 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Hasina Khatoon W/o Late Israfil, R/o Vill.- Dilawarpur, P.S.- Kesariya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 304(B)/34 of the Indian Penal Code.

Petitioner happens to be the mother-in-law of the deceased who is said to have been subjected to dowry death by the petitioner and her family members and the petitioner was apprehended from her house.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather omnibus in nature. She happens to be mother-inlaw of the deceased. She neither made any dowry demand nor subjected the deceased to any sort of torture nor committed her dowry death. As a matter of fact, deceased herself committed

Patna High Court Cr.Misc. No.54571 of 2018(3) dt.08-10-2018 2/2 suicide. Had the petitioner committed such occurrence, she would not have been arrested from her house rather would have fled away. Husband of the deceased is in custody. She has been languishing in custody since 29.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-IX, Motihari, East Champaran in connection with Kesariya P.S. Case No. 246 of 2018. (Prakash Chandra Jaiswal, J) mantreshwar/- U T