Aisha Khatoon @ Ayasha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.871 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== AISHA KHATOON @ AYASHA KHATOON W/o Late Hadish Resident of Village- Daha Chhapra, P.O.- Dhanaiya, P.S.- Sahebganj, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bipin Chandra, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304(B) and 34 of the Indian Penal Code.

This sister of the informant is subjected to assault and torture on account of non-fulfillment of demand of dowry and finally she has been done to death by the petitioner and other family members.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.871 of 2022(2) dt.12-05-2022 2/3 submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the petitioner happens to be mother-in-law of the deceased and she has never demanded any dowry nor she has assaulted the deceased in any manner. There is general and omnibus allegation against the petitioner and no specific allegation of any overt act is attributed to her. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. Moreover, the petitioner has been living separately from the deceased and his son. The petitioner, who is a lady, is rotting in judicial custody since 15.10.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahebganj P.S. Case No. 153 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.871 of 2022(2) dt.12-05-2022 3/3 be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 his 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.

(Rajesh Kumar Verma, J) brajesh/- U T