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Patna High CourtCR. MISC./83594/2024bail granted

Aasiya Khatoon @ Bibi Aasiya Khatoon v. The State Of Bihar

2025-01-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83594 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BAUGHAT District- Sheikhpura ====================================================== Aasiya Khatoon @ Bibi Aasiya Khatoon W/O Md. Islam Resident Of Village - Alapur , P.S.- Baughat , District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner apprehends arrest in connection with Baughat P.S. Case No. 08 of 2024, registered under Section 304(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons have murdered the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is the second wife of the husband of the deceased.

Patna High Court CR. MISC. No.83594 of 2024(3) dt.10-01-2025 2/2 No specific allegation has been attributed against the petitioner. Specific allegation of strangulating the deceased is against husband of the deceased. It is next submitted that husband of the deceased is in judicial custody. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.07.2024 passed in Cr. Misc. No. 41872 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baughat P.S. Case No. 08 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T