← Library
Patna High CourtCR. MISC./78481/2019rejected

Aquila Khatoon v. The State Of Bihar

2020-05-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78481 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- GURUA District- Gaya ====================================================== AQUILA KHATOON, Female, aged about 52 years, W/o Sarfraz Shah, Resident of Village- Manda, P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-05-2020 Heard Mr. Praveen Kumar, the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State through video conferencing. The petitioner seeks bail in Gurua P.S. Case No.203 of 2019, registered under Sections 304B and 34 of the Indian Penal Code.

The informant, mother of the deceased, made specific allegation that within one year of marriage of her daughter with the son of the petitioner, the petitioner, her husband and her son strangulated her daughter to death due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is a lady and she is suffering from different ailments. It is further submitted that the deceased herself committed

Patna High Court CR. MISC. No.78481 of 2019(3) dt.27-05-2020 2/2 suicide but it appears from perusal of the case diary and the FIR that there is specific allegation that the petitioner with her husband and son strangulated her daughter-in-law to death within one year of her marriage. Of course the petitioner is a lady but taking into consideration the facts and nature of allegation made against her and the fact that the deceased was done to death within one year of her marriage, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

The petitioner, if so advised, may renew her prayer for bail after remaining one year in custody.

(Prabhat Kumar Jha, J) S.KUMAR/- U T