Ishrat Praveen Khatoon @ Usarat Bano v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60244 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== Ishrat Praveen Khatoon @ Usarat Bano W/O Akhtar @ Banda @ Akhtar Mian Resident Of Village- Tari Dih, (Bhagalpur), P.S.- Bodhgaya, DistrictGaya. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad For the Opposite Party/s :
Mr. Tarun Prasad Mandal Mr. Ravidnra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 306/ 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is mother-in-law of the deceased and the informant alleges that his daughter (deceased) was married to Md. Nabab Ansari in the Year 2019. It is next alleged that the daughter after six months of marriage, started living in a rented house at Bodhgaya on account of family dispute. It is next alleged that accused persons used to assault his daughter and son-in-law and even had also threatened to kill them, as such, his son went to Bangalore for earning, but on 09.05.2021, the informant received information
Patna High Court CR. MISC. No.60244 of 2021(2) dt.12-07-2022 2/3 from Bodhgaya police station that his daughter has committed suicide.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case merely because she is mother-in-law of the deceased. It is next submitted that husband is not an accused in the present F.I.R. It is also submitted that admittedly, from perusal of the allegation itself, it would manifest that the deceased on account of family dispute was living separately from the petitioner and her family members, as such, the petitioner was not in touch on regular basis with the deceased. It is next submitted that during the course of investigation, police recorded the statement of Soni Devi and her son Saurabh Kumar, who are landlord of the deceased and they in their statements have stated that the deceased prior to the occurrence was talking to someone in a very loud voice and thereafter, she committed suicide. It is next submitted that the police till date has not investigated this aspect of the matter that with whom the deceased was talking prior to the occurrence.
The learned counsel next submits that since the deceased was not on good term with the petitioner, as such, the petitioner was also not in touch with the deceased merely
Patna High Court CR. MISC. No.60244 of 2021(2) dt.12-07-2022 3/3 because, she is mother-in-law of the deceased, as such, she came to be implicated in the present case.
The learned counsel for the informant and he learned Additional Public Prosecutor opposes the anticipatory bail application, but are not able to meet the submission of the learned counsel for the petitioner that admittedly, the deceased had committed suicide and secondly she was not staying with her in-laws..
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 Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bodhgaya P. S. Case No.155 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T