Nazma Khatoon @ Naza Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2188 of 2017 Arising Out of PS.Case No. -29 Year- 2014 Thana -JAMOBAZAR District- SIWAN ====================================================== Nazma Khatoon @ Naza Khatun Wife of Md. Aalim Resident of Village - Musehari, Police Station - Jamo Bazar, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Jamo Bazar P.S. Case No. 29 of 2014 for the offences punishable under sections 306 and 201/34 of the I.P.C.

Rubi Khatoon @ Chandani, the daughter of the informant, was married to Salim on 06.09.2013 and due to non fulfillment of demand of motorcycle the petitioner used to torture her and ultimately the husband, father-in-law and the petitioner killed her and cremated the dead body without giving information to the informant.

Submission is of false implication and that against the petitioner being mother-in-law there is no specific allegation, the

Patna High Court Cr.Misc. No.2188 of 2017 (5) dt.27-02-2017 2/2 husband wanted to go in foreign country which was being opposed by the deceased and for that there was some dispute, the deceased committed suicide, during investigation the case has been found true under sections 306 and 201/34 of the I.P.C and as such the petitioner deserves sympathetic consideration as she is living separately from her son and the deceased since long. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that in the FIR there is specific allegation against the petitioner for torturing her due to non fulfillment of demand of motorcycle.

In the facts and circumstances as stated above, considering that during investigation the case has been found true under sections 306 and 201/34 of the I.P.C and as such the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Siwan in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T