Patna High CourtCR. MISC./63435/2024bail granted

Mobina Khatoon @ Momina Khatoon v. The State Of Bihar

2024-11-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63435 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Mobina khatoon @ Momina Khatoon son of Md. Aslam village- Pana Chhapra PS- Motipur District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case in connection with Motipur P.S. Case No. 274 of 2023, G.R. No. 2892/23, dated 06.09.2023 registered for the offences punishable under Sections 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have murdered the informant's daughter due to non-fulfillment of demand of motorcycle and golden chain as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant's daughter. The petitioner is the mother-in-law of the

Patna High Court CR. MISC. No.63435 of 2024(3) dt.20-11-2024 2/2 deceased and she has no concern with the alleged offence. The coaccused person has already been granted regular bail by this court vide order dated 09.09.2024 passed in Cr. Misc. No. 60942 of 2024. The petitioner is a lady and she has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation against the petitioner, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West, Muzaffarpur in connection with Motipur P.S. Case No. 274 of 2023, G.R. No. 2892/23, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T