Mahmooda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62522 of 2024 Arising Out of PS. Case No.-301 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== Mahmooda Khatoon Wife of Md. Jamshaid @ Md Jawed @ Mohammad Jawed Resident of Village- shiudaspur, P.s.- Katra, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Dr. Bipin Chandra, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.

3. It is a case of dowry death. As per prosecution case, it is alleged that this petitioner, along with other accused persons named in the F.I.R., killed daughter of informant due to nonfulfillment of demand of dowry.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner has falsely been implicated in this case merely because she happens to be gotni (sister-in-law) of the deceased. Petitioner is separate in mess and property and has got no concern with the affairs of the

Patna High Court CR. MISC. No.62522 of 2024(3) dt.17-03-2025 2/2 deceased. Petitioner is victim of over implication. Allegation of demand of dowry is general and omnibus. It is further submitted that F.I.R. has been lodged after inordinate delay of 3 days and there is no plausible explanation for the same. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that she, along with other accused persons named in the F.I.R., killed daughter of informant due to non-fulfillment of demand of dowry. It is further submitted that deceased died within 7 years of marriage under unnatural circumstances at her matrimonial house and there is allegation of demand of dowry as well.

6. Considering the aforesaid facts and circumstances, nature of accusation and the fact that the deceased died unnatural death within 7 years of her marriage at her matrimonial house, the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T