Sajda Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57564 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Sajda Khatoon W/O Late Rahim R/O Village- Bhurkunda, P.S- Bhawanipur, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bhawanipur P.S. Case No. 122 of 2023 dated 18.05.2023 instituted for the offence punishable under Sections 498(A), 304(B)/34 of the Indian Penal Code.
3. The allegation against the petitioner and other coaccused persons is that they have strangulated the sister of the informant to death due to non-fulfillment of land and other items as additional dowry.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. Learned counsel for the petitioner submits that petitioner is the mother-in-law of the deceased. It is further submitted that
Patna High Court CR. MISC. No.57564 of 2023(3) dt.09-11-2023 2/3 the petitioner is advanced age lady aged about 70 years and she is living separately from her daughter-in-law(deceased). Learned counsel for the petitioner submits that in paragraph 31 of the case diary, it has been mentioned that the room of the deceased was locked from the inside. Learned counsel for the petitioner submits that during the course of the investigation, it reveals that the husband of the deceased was not present there at the time of occurrence. Learned counsel for the petitioner submits that it is a case of suicide not of a murder. Learned counsel for the petitioner submits that post-mortem report of the deceased does not support the prosecution case. Learned counsel for the petitioner submits that there is no specific role of the petitioner in this case. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bhawanipur P.S. Case No. 122 of 2023, she will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.57564 of 2023(3) dt.09-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Purnea subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T