Afsana @ Afsana Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74089 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- POTHIYA District- Kishanganj ====================================================== Afsana @ Afsana Begum, aged about 50 years, W/o Aftab, R/o Halda Gram Panchayat, P.S. Pothia, District Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 304 (B)/34 of the Indian Penal Code. The charge sheet bearing C.S. No. 65/24 dated 29/02/2024 has been submitted under Sections 304B/34 of the Indian Penal Code.

3. The case of the prosecution is that the daughter of the informant was married to the petitioner namely, Sah Alam about 18 months prior to the date of the FIR. It is further alleged that the daughter of the informant was subjected to cruelty on account of non-fulfillment of dowry demand. It has also been alleges that all the named accused persons brutally assaulted the daughter of the informant due to which she died. Petitioner is

Patna High Court CR. MISC. No.74089 of 2024(4) dt.21-01-2025 2/2 the mother-in-law. Main thrust of allegation is against husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the cause of death is due to Asphyxia and shock as a result of hanging. It is further submitted that the petitioner is languishing in judicial custody since 11.01.2024.

5. Mr. Md. Matlood Rab, learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pothia P.S. Case No. 199 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge, Kishanganj.

(Ashok Kumar Pandey, J) Sudhanshu/- U T