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Patna High CourtCR. MISC./59639/2023allowed

Nasirun Khatoon @ Nasirun Khatoon @ Nasiran Khatoon v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59639 of 2023 Arising Out of PS. Case No.-26 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== Nasirun Khatoon @ Nasirun Khatoon @ Nasiran Khatoon W/O Md. Tahir R/O Village- Sanpatha, P.S- Laukahi, Distt.- Madhubani. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 302/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the petitioner along with others used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 28.1.2022, the informant came to know that is daughter was committed murder by strangulation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased due to which the petitioner has falsely been implicated in this case. The petitioner

Patna High Court CR. MISC. No.59639 of 2023(2) dt.08-09-2023 2/2 has no concern mess and business of the deceased. It is also submitted that the husband of the deceased is already in judicial custody, upon whom the onus is on him to keep his wife well. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and she is languishing in judicial custody since 26.5.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukahi P.S. Case No. 26 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-III, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U