Afroja Begum @ Firoja Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64164 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Afroja Begum @ Firoja Khatoon wife of Nezamuddin Resident of VillageKushmahwa, P.S.-Dhaka, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Waliur Rahman For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Dhaka P.S. Case No. 283 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 351(2), 109 read with 3(5) of BNS and 3/4 of Dowry Prohibition Act.
3. As per allegation, the marriage of the daughter of the informant was solemnized with co-accused Amir Sohail. After marriage, the petitioner and his family members started demanding a four-wheeler vehicle. On non-fulfillment of demand of dowry, the accused persons started torturing her. Thereafter, on 04.07.2024, at the order of this petitioner, other co-accused persons, named in the FIR, brutally assaulted the
Patna High Court CR. MISC. No.64164 of 2024(2) dt.18-09-2024 2/3 victim with iron rod and lathi on her head.
4. The learned counsel for the petitioner has submitted that the petitioner is a lady of clean antecedent and has falsely been implicated in this case. The petitioner is mother-in-law of the victim, having no concern with day-to-day affairs of the couple and she is under custody since 07.07.2024. He has submitted further that the allegation to inflict iron rod blows is not against the petitioner rather it is attributed against husband of the victim.
5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that petitioner is the person on whose instigation, her son inflicted deadly iron rod blows on the head of the victim.
6. Considering the above-mentioned facts and circumstances as well as the fact that the petitioner is a lady of clean antecedent and is under custody since 07.07.2024, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhaka, Motihari at East Champaran in connection with Dhaka P.S. Case No. 283 of 2024, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of
Patna High Court CR. MISC. No.64164 of 2024(2) dt.18-09-2024 3/3 trial and make himself available as and when required by the court.
(ii) The petitioner shall remain present physically on each and every date before the court below. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) kundan/- U T