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Patna High CourtCR. MISC./46349/2022bail granted

Guriya Khatoon v. The State Of Bihar

2022-12-09Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46349 of 2022 Arising Out of PS. Case No.-379 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Guriya Khatoon Daughter of Nasiruddin Ansari Resident of Village - Gaushnagar Ward No.- 23, P.S. - Gopalganj Town, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP.

For the Informant/s :

Mr. Lokesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-12-2022 The matter is heard through video conferencing in virtual mode.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned counsel for the informant as well as learned APP for the State through virtual mode.

Petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 379 of 2022 PTN No. 1712 of 2022 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

Allegedly, the informant's married daughter was killed

Patna High Court CR. MISC. No.46349 of 2022(2) dt.09-12-2022 2/3 by the accused persons on account of non-fulfillment of demand of rupees two lacs and the accused persons strangulated the victim to death.

The main submissions advanced by learned counsel Mr. Umesh Kumar Singh appearing for the petitioner are that the petitioner is married sister-in-law of the deceased living at her matrimonial house and against her there is no specific allegation of cruelty or dowry demand in the FIR and the husband of the deceased is in jail.

Learned counsel Mr. Lokesh Kumar Singh appearing for the informant has opposed the bail prayer and submitted that against the petitioner and other accused persons there is a serious and specific allegation of having killed the informant's daughter for the demand of dowry.

Learned APP Mr. Rajendra Singh appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. Though the allegation made in the FIR is serious in nature but considering the facts that the petitioner is married sister-in-law of the deceased and in the FIR any specific role or act of the petitioner in committing the alleged cruelty with the deceased has not been revealed and the petitioner is a woman and has been languishing

Patna High Court CR. MISC. No.46349 of 2022(2) dt.09-12-2022 3/3 in jail since 25.06.2022, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's bail prayer. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the Court concerned in connection with Gopalganj P.S. Case No. 379 of 2022 PTN No. 1712 of 2022. (Shailendra Singh, J) annu/- U T