Koraisha Khatoon @ Kuraisha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70513 of 2022 Arising Out of PS. Case No.-538 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Koraisha Khatoon @ Kuraisha Khatoon Wife of Jahoor Miya @ Jahoor Ansari R/V- Semra Ward No. 10, P.S- Shikarpur, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 18.08.2022 in connection with Shikarpur P.S. Case No. 538 of 2022, F.I.R. dated 04.07.2022 for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with his family members killed the daughter of the informant on the pretext of non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that the petitioner is the step mother-in-law of the deceased. He further submits that it appears from the F.I.R. that there is general and

Patna High Court CR. MISC. No.70513 of 2022(2) dt.10-05-2023 2/3 omnibus allegation against all the accused persons including the petitioner and there is no specific allegation of any assault or overt-act is attributed against the petitioner and the husband of the petitioner namely, Jahoor Miya has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.02.2023 passed in Cr. Misc. No. 70030 of 2022. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 18.08.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Bettiah, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 538 of 2022, subject to 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 absence on two

Patna High Court CR. MISC. No.70513 of 2022(2) dt.10-05-2023 3/3 consecutive dates without sufficient reason, his 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 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) mdrashid/- U T