Najma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53378 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- NATWAR District- Rohtas ====================================================== NAJMA KHATOON, W/O KARAMAT ALI @ LADDU MIYAN, Resident of Village- Natwar, P.S.- Natwar, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

For the Petitioner :

Mr.Vipin Kumar Singh, Advocate For the State :

Mr.Umanath Mishra, APP For the Informant :

Mr.Rajani Ranjan Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. 2.

Heard learned counsel for the petitioner, as well as learned counsel for the informant and the learned APP for the State.

3.

The petitioner seeks bail in connection with Natwar P.S. Case No.29 of 2022 registered for the offences punishable under Section 304(B), 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 4.

The informant has alleged killing of his daughter by her husband and other family members by hanging, by means of dupata.

5.

Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.53378 of 2022(2) dt.23-12-2022 2/3 that being mother-in-law, the petitioner has been implicated on suspicion, due to her relationship with the victim's husband. On account of such baseless implication, petitioner has remained in custody since 22.03.2022. It is submitted that from the F.I.R. itself, it is apparent that the deceased was having a son, which is indication of the normalcy in relationship. The husband is already in custody.

6.

Learned APP as well as learned counsel for the informant have opposed the prayer for bail, submitting that petitioner is named accused.

7.

Considering the rival submissions, and above noted facts this Court is inclined to allow the prayer for bail. 8.

Prayer for bail is allowed.

9.

Accordingly, let the petitioner, above named, be released 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 C.J.M., Rohtas, in connection with Natwar P.S. Case No.29 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change

Patna High Court CR. MISC. No.53378 of 2022(2) dt.23-12-2022 3/3 in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

10.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) shashank/- U T