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Patna High CourtCR. MISC./60783/2023bail granted

Tara Khatoon @ Tarrannum Khatoon v. The State Of Bihar

2023-10-16Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60783 of 2023 Arising Out of PS. Case No.-88 Year-2020 Thana- KORHA District- Katihar ====================================================== Tara Khatoon @ Tarrannum Khatoon D/o- Md. Manzoor Village- Sonbarsa P.S.- Korha Dist- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Korha P.S. Case No.88 of 2020 registered for the offences punishable under Sections 302 and 304(B) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that she along with other family members had involved in killing of the daughter of the informant for nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is unmarried sister-in-law of the deceased and the husband is already in judicial custody.

5. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.60783 of 2023(2) dt.16-10-2023 2/2 for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case wherein it is submitted that the petitioner is unmarried sisterin-law of the deceased and the husband is already in judicial custody, this Court directs that in case of his arrest/surrender within a period of six weeks from today, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Korha P.S. Case No. 88 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T