Haseena Khatoon @ Hasina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68703 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- AURAI District- Muzaffarpur ====================================================== HASEENA KHATOON @ HASINA KHATOON Wife of Md. Jamirool @ Md. Jamirul R/v- Shankerpur, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 18.07.2022 in connection with Aurai P.S. Case No.142 of 2022, F.I.R. dated 16.07.2022 registered for the offence punishable under Sections 304B,34 of IPC.

Allegation against the petitioner is that she alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. She has falsely been implicated in the present case on the ground that the petitioner is mother-in-law of the deceased. Further submits that from bare

Patna High Court CR. MISC. No.68703 of 2022(3) dt.12-04-2023 2/3 perusal of the FIR it transpired that there is general and omnibus allegation against the petitioner. There is no specific allegation of any assault or demand of dowry against the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 18.07.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid fact, let the petitioner, above named, 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 Judicial Magistrate-1st Class, East Muzaffarpur in connection with Aurai P.S. Case No.142 of 2022, with the following conditions:-

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

(3) And, further condition that the court below shall

Patna High Court CR. MISC. No.68703 of 2022(3) dt.12-04-2023 3/3 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) Nitesh/- U T