Court grants bail to the petitioner, Musri Khatoon, an aunt of the deceased, in a Section 304B/34 IPC domestic violence case, despite co-accused in-laws being in custody, emphasizing family ties and age.
Petrisoner released on bail by furnishing bond of Rs. 20,000 with two sureties of equal amount including one relative, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71068 of 2023
Arising Out of PS. Case No.-143 Year-2023 Thana- WAJIRGANJ District- Gaya
======================================================
Musri Khatoon W/O Md. Allauddin R/O Village- Chain Bigha, P.SWazirganj, Distt.- Gaya, Bihar.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar, Advocate For the Opposite Party/s : Mr.Amitesh Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 08-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.71068 of 2023(2) dt.08-11-2023 2/3
petitioner is innocent has falsely been implicated in this case. The petitioner is not mother-in-law of the deceased and motherin-law of the deceased is already in custody. She is related to the mother-in-law of the deceased and she is aged about 63 years. The petitioner and her husband were living separately from the in-laws of the deceased. Learned counsel further submits that during investigation police found that it was a case of accidental fire. This fact is also apparent from the FIR that the husband of the deceased called the informant from his house on the fateful day and if it were the intention of the accused persons to kill the daughter of the informant, they would have not called the informant from his house. The petitioner is in custody since 29.04..2023 and charge sheet has been submitted.
Patna High Court CR. MISC. No.71068 of 2023(2) dt.08-11-2023 3/3
deceased and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Gaya/concerned court in connection with Wazirganj P.S. Case No. 143 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail considering her role as an aunt of the deceased and the accidental nature allegations.
Whether the conditions of bail should include the presence of a relative as a bailor.
1 provisions across 1 enactments
Musri Khatoon
The State Of Bihar
ARUN KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
