Ruksana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4226 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- BAHADURGANJ District- Kishanganj ====================================================== Ruksana Khatoon Wife of Nazir Hussain Resident of Village - Dubadangi, P.S.- Bahadurganj, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-03-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Bahadurganj P.S. Case No. 178 of 2020, registered for the offence under Sections 328, 304(B), 120(B)/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with co-accused Md. Adil two years ago and after the marriage, she was subjected to torture and cruelty by her husband and her in-laws members due to non-fulfillment of demand of dowry. It is further alleged that on 20.06.2020, the informant was telephonically informed that his daughter consumed poison and is in hospital, the informant and his son rushed at MGM Hospital, where the daughter of the informant Mehrun Nisha (deceased) revealed that her husband and her

Patna High Court CR. MISC. No.4226 of 2021(2) dt.17-03-2021 2/3 mother-in-law forced her to consume poison and subsequently, the daughter of the informant died during course of treatment. It is submitted on behalf of petitioner that petitioner is mother-in-law of the deceased and she is living separately and has got no concern with the affairs of the deceased. It is further submitted that husband of the deceased is already in custody. There is general and omnibus allegation of demand of dowry. Petitioner is lady and is in custody since 06.09.2020. Chargesheet has already been submitted.

Considering the fact that there is general & omnibus allegation of demand of dowry, petitioner, who is lady and in custody since 06.09.2020, and chargesheet has already been submitted, the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 178 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on her absence on two consecutive dates without sufficient reason, her

Patna High Court CR. MISC. No.4226 of 2021(2) dt.17-03-2021 3/3 bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T