Patna High CourtCR. MISC./83711/2023allowed

Fatima Begum v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83711 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- DEWARIA District- Muzaffarpur ====================================================== Fatima Begum Wife Of Late Md. Israfil @ Md. Issraful R/O Village- Chand Kewari, P.S.- Deoria, Dist.- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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, 304B, 34 of the Indian Penal Code.

3. As per FIR, it is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased and due to family dispute she has falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence. The petitioner has no

Patna High Court CR. MISC. No.83711 of 2023(3) dt.19-03-2024 2/2 concern with mess and business of deceased as well as her husband and there is no specific allegation levelled against her rather general and omnibus allegation levelled against her. It is further submitted that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 15.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody and being lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Deoria P.S. Case No. 132 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 Judicial Magistrate-Ist Class, Muzaffarpur, West Court No-1.

(Sunil Kumar Panwar, J) Manishkr/- U T