Noor Bano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60357 of 2018 Arising Out of PS.Case No. -19 Year- 2016 Thana -DAGARUA District- PURNIA ======================================================

1. Noor Bano Wife of Rafajuddin Resident of Village Kachana, P.S. Dagurwa, District Purnia.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Yadav, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Dagarwa P.S. Case No. 19 of 2016, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code. Allegation as per F.I.R. against the petitioner, who happens to be mother-in-law of the deceased, is of killing the deceased after giving poison to her for non fulfillment of demand of dowry.

Submission of the learned counsel for the petitioner is that there is no specific allegation has been attributed against the petitioner and the petitioner has been implicated on the basis of confession of other co-accused ( Annexure-3) and other co-accused, who happens to be father-in-law of the deceased has been granted bail by Co-ordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.60357 of 2018 (2) dt.06-10-2018 2/2 dated 3982 of 2017 passed in Cr. Misc. No. 28.02.2017 and other co-accused persons have also been granted bail by another Co-ordinate Bench of this Court vide order dated 16.11.2016 passed in Cr. Misc. No. 33483 of 2016 and the petitioner has falsely been implicated and he has no criminal history and he is in custody since 16.05.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Dagurwa P. S. Case No. 19 of 2016, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) Sudha/- U T