Bibi Noorjahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72149 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- KADWA District- Katihar ====================================================== Bibi Noorjahan Wife of Muzaffar Ali Resident of Village - Raniganj, P.S.- Kadwa, District - Katihar ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 304-B, 34 of the Indian Penal Code.

Informant has alleged in his written complaint that he solemnized marriage of his daughter with Md. Nasim Akhtar three years earlier and from said wedlock one daughter was born. However, subsequently her in-laws started torturing her for non-fulfillment of demand for dowry. On 28.08.2019 at about 12:00 p.m. he received information that his daughter is dead and when he reached his matrimonial house, he found her lying dead on a wooden cot and there was ligature mark around her neck.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.72149 of 2019(2) dt.11-12-2019 2/3 she is mother-in-law of deceased and reside separately and has no concern with the affairs of his son and deceased. Petitioner has no criminal antecedent and she is in custody since 20.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kadwa P.S. Case No. 196 of 2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.72149 of 2019(2) dt.11-12-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) mdrashid/- U T