Bibi Fatu @ Bibi Fato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71717 of 2023 Arising Out of PS. Case No.-52 Year-2019 Thana- PALASI District- Araria ====================================================== Bibi Fatu @ Bibi Fato Wife Of Nizam @ Md. Nizam R/O Village - Dhapri Tola Dumariya, P.S.- Palasi, District- Araria ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Ms.Vaishnavi Singh, Advocate :

Mr, Ritwik Thakur, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Palasi P.S. Case no. 52 of 2019 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant was married to the son of the petitioner herein about four years ago. It is stated that the accused persons including the petitioner herein who happens to be the mother in law of the deceased tortured and assaulted her for non-fulfillment of the demand of dowry to the tune of Rs.1,00,000/-. She was ultimately done to death.

4.Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on

Patna High Court CR. MISC. No.71717 of 2023(2) dt.07-11-2023 2/2 account of her being the mother in law of the deceased. The allegations are false and incorrect. Further some of the coaccused were not even sent up and final form was submitted against them. The husband of the deceased is in custody. The petitioner has no criminal antecedent and is in custody since 28.5.2023. She undertakes to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being the mother in law of the deceased, her being in custody since 28.5.2023 and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Palasi P.S. Case no. 52 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Araria. (Partha Sarthy, J) ajay/- U T