Rehana Khatoon @ Rani Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77736 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Rehana Khatoon @ Rani Khatoon Wife of Mahhoom Jillani @ Marhoom Jillani Resident of village- Khairava Police Station- Madhuban District- East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar, Adv.
For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP For the Informant :
Mr. Kundan Rathore @ Kundan Kumar, Adv.
Mr. Raj Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.
2. The petitioner seeks bail in connection with Madhuban P.S. Case No. 260 of 2024 instituted for the offences under Sections 302 and 304(B)/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the Informant's daughter due to non-fulfillment of the dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.77736 of 2024(6) dt.02-04-2025 2/3 against her and has falsely been implicated in the present case. The petitioner is the mother-in-law of the deceased and has never demanded dowry from the deceased or her family members. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner lives separately with her son. There is delay of two days in instituting the F.I.R. without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. He further submits that the husband of the deceased is already in judicial custody. The petitioner has no criminal antecedent and is languishing in judicial custody since 28.06.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. From perusal of the case diary, it appears that several witnesses have supported the prosecution case. The postmortem report also supports the prosecution case.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, there being no specific
Patna High Court CR. MISC. No.77736 of 2024(6) dt.02-04-2025 3/3 allegation against the petitioner as also the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhuban P.S. Case No. 260 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T