Asgari Khatoon @ Anwari Khatoon vs The State Of Bihar
2021 Latest Caselaw 1651 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32819 of 2020

      Arising Out of PS Case No.-309 Year-2019 Thana- BIRAUL District- Darbhanga
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Asgari Khatoon @ Anwari Khatoon, aged about 40 years (Female), Wife of Abul Hayat, Resident of Village - Balha, PS- Biraul, District - Darbhanga.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s     :        Mr. Surendra Kishore Thakur, Advocate
For the State            :        Mr. Kalyan Shankar, APP
For the Informant        :        Mr. Purnendu Keshav, Advocate

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-03-2021

Heard Mr. Surendra Kishore Thakur, learned counsel

for the petitioner; Mr. Kalyan Shankar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Purnendu Keshav, leraned counsel for the informant.

2. The petitioner apprehends arrest in connection with

Biraul PS Case No. 309 of 2019 dated 24.11.2019, instituted

under Sections 304B/34 of the Indian Penal Code.

3. The allegation against the petitioner, who is the first

wife of the husband of the deceased, is that she was party to her Patna High Court CR. MISC. No.32819 of 2020 dt.23-03-2021

death and that it was on account of non-fulfillment of demand of

dowry of Rs. 1,50,000/-.

4. Learned counsel for the petitioner submitted that

there was absolutely no reason for the petitioner to commit such a

crime as she was the one who had agreed for the second marriage

as she could not bear a child and further that there was one and a

half year old child born to the deceased and the deceased was also

three months pregnant. It was submitted that due to some dispute

with the husband she committed suicide and the petitioner has no

role in the same. It was further submitted that the husband of the

petitioner who was also the husband of the deceased, was arrested

and has now been released on bail. Learned counsel submitted that

she is a lady and had good relationship with the deceased and has

no criminal antecedent. Learned counsel submitted that after

thorough investigation, the police had not sent up the petitioner

for trial, but the Court deferring from the same had taken

cognizance.

5. Learned APP submitted that the petitioner being the

first wife was instrumental in instigating the husband to demand

dowry and non-fulfillment has resulted in murdering of the

deceased.

Patna High Court CR. MISC. No.32819 of 2020 dt.23-03-2021

6. Learned counsel for the informant submitted that the

petitioner was an equal partner in the murder as her position was

threatened since the deceased had given birth to a child. However,

it was not controverted that the deceased was three months

pregnant when she died.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Additional Chief Judicial Magistrate-I, Biraul, District-

Darbhanga in Biraul PS Case No. 309 of 2019, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioner and (ii) the petitioner shall co-

operate with the police/prosecution and the Court. Failure to co-

operate shall lead to cancellation of her bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.32819 of 2020 dt.23-03-2021

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T