Nazmun Khatoon @ Najbun Khatun @ Najun Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71057 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Nazmun Khatoon @ Najbun Khatun @ Najun Khatun, wife of Islam Ansari, Resident of Village - Khirdih, Babu Chhauni, P.S. - Vijaypur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Vijayepur P.S. Case No. 95 of 2024, registered on 05.05.2024 for the offences under Sections 304(B) and 120(B) of the Indian Penal Code.

3. As per prosecution case, granddaughter of the informant was married with co-accused Shahil Ansari and the petitioner is the mother of co-accused Shahil Ansari. Allegation against the petitioner and other co-accused persons is that of demanding dowry and torturing the granddaughter of the informant. Lastly, the petitioner and co-accused persons hanged the granddaughter of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.71057 of 2024(2) dt.03-10-2024 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner or the co-accused persons never demanded any dowry and did not kill the grand daughter of the informant. In fact, the grand daughter of the informant is in love with another boy and she was forcibly married with co-accused son of the petitioner and for this reason she was not happy with her marriage and committed suicide by hanging herself. The informant was informed about the incident on the same day and upon information, the informant and his family members came to the house of the petitioner and started demanding money and when the family members of the petitioner did not agree to fulfill the demand, the present case has been lodged to blackmail the petitioner and her family. Petitioner even lives separate from her son. The petitioner has got no criminal antecedent. The petitioner is in custody since 06.05.2024 and charge-sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is the mother-in-law of the deceased and there is non-specific allegation against the petitioner and also

Patna High Court CR. MISC. No.71057 of 2024(2) dt.03-10-2024 3/3 considering the clean antecedent of the petitioner as well as her period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj/concerned court in connection with Vijayepur P.S. Case No. 95 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T