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Patna High CourtCR. MISC./82775/2024bail granted

Hajra Khatoon @ Hazra Khatun @ Hajara v. The State Of Bihar

2025-07-09Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82812 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- KODHOBARI District- Kishanganj ====================================================== Parola Khatoon @ Parul @ Parul Khatoon Wife of Habibur Rahman Resident of Village - Lakshmipur Camp Tola, P.S. - Kodhobari, District - Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82775 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- KODHOBARI District- Kishanganj ====================================================== Hajra Khatoon @ Hazra Khatun @ Hajara W/o Mojibur Rahaman R/o vill - Lakshmipur Camp Tola, P.S. - Kodhobari, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 82812 of 2024) For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the State :

Mr. Raj Kishor Singh, APP For the Informant :

Mr. Raj Kumar, Adv.

Mr. Rohit Kumar, Adv.

(In CRIMINAL MISCELLANEOUS No. 82775 of 2024) For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the State :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-07-2025 As both these bail applications have arisen from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing for the informant in Cr. Misc. No. 82812 of 2024.

Patna High Court CR. MISC. No.82812 of 2024(6) dt.09-07-2025 2/3

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 304(B), 494, 498(A), 504, 506, 34 of the Indian Penal Code.

4. The allegation in the FIR is that after marriage on 13.02.2023, the husband of the informant's daughter along with other accused persons started torturing her daughter for demand of dowry and subsequently, have caused her death on account of non-fulfillment of dowry demand.

5. Learned counsel for the petitioners submits that the petitioner Parola Khatoon is the first wife of the husband of the deceased while petitioner Hajra Khatoon happens to be the sister-in-law (bhabhi) of the husband of the deceased. It is further submitted that the thrust of the allegation in the FIR, as also during the course of investigation, is upon the husband Habibur Rahman inasmuch as there is a specific allegation upon him of demanding dowry of Rs. 2 lacs and threatening her. So far as the petitioners are concerned, there are general and omnibus allegations against them and as a matter of fact, the deceased and her husband were staying separately in Ahmedabad, Gujarat, which is supported by way of paragraph5 of the case diary.

6. Learned APP for the State and learned counsel appearing for the informant, however, vehemently oppose the

Patna High Court CR. MISC. No.82812 of 2024(6) dt.09-07-2025 3/3 prayer for anticipatory bail on the ground that the petitioners are also involved in the alleged occurrence.

7. Taking into consideration the fact that the thrust of the allegation is against the husband of the deceased who is primarily responsible for the welfare of his wife, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kodhobari P.S. Case No.41 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

8. However, it is expected that the petitioners would fully cooperate with the Investigating Officer in the investigation of the present case and always be available for any questioning by the Investigating Agency till the investigation in this case is concluded which would also include revealing the whereabouts of the husband of the deceased.

(Soni Shrivastava, J) divyanshi/- U T