' Mst. Kubra Bibi has sought post-arrest bail in case F.I.R. No. 381 registered at Police Station, City Khanpur on 19-9-2002 for offences under sections 302/338-A, P.P.C.
2. According to F.I.R., Mst. Rakhshinda (deceased), the wife of the complainant, was pregnant and was living in the house of her maternal grand-mother, Mst. Kubra-petitioner. The complainant alongwith his mother came to the house of the petitioner to take back his wife. However, allegedly, Shahbaz Commando, son of the petitioner and Mst. Kubra did not allow the wife of the complainant to leave the house and threats were issued to the complainant and his mother. On 19-9-2002, the complainant received a telephone call that his wife had died. He was also informed that Mst.
Rakhshinda had lost her life during abortion process {{URDU TEXT}}The complainant reached the house of the petitioner and was informed by P.Ws. That Mst. Kubra-petitioner had got some injections and personally administered the same to Mst. Rakhshinda and due to that she died.
3. Learned counsel for the petitioner submits that the petitioner is a woman and that she has been roped in a false case due to the personal grudge of the complainant. Conversely, learned counsel for the complainant has argued that the petitioner is duly nominated in the F.I.R. That she had played a principal role leading to the death of Mst. Rakhshinda, as the deceased was living in her house. He has further argued that concession of bail could not be granted to the petitioner as of right for being woman. The learned State counsel has adopted the line of arguments of the learned counsel for the complainant.
4. I have heard the learned counsel for the parties and have also gone through the record of the case.
5. It has been noticed that petitioner was arrested on 24-9-2002 and has spent more than eleven months in jail; that the petitioner was maternal grand-mother of the deceased and it does not, prima facie, transpire from the F.I.R. That petitioner had any intention to commit the murder of Mst.
Rakhshinda. According to postmortem report, the deceased lost her life due to haemorrhage and shock after the rupture of uterus, which was caused by mishandling. There is nothing on record to show that Mst. Rakhshinda did not consent to {{URDU TEXT}}In the circumstances, I am of the opinion that not only the case of the petitioner is covered by proviso to subsection (1) of section 497, Cr.P.C., being a woman, but the allegation against her also needs further probe and inquiry within the ambit of subsection (2) section 497, Cr.P.C.
6. Resultantly, I admit the petitioner to bail subject to her furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfact, xi of the learned trial Court.
7. It is, however, made clear that the observations made during the passage of the order are only tentative in nature and would not prejudice the mind of the learned trial Court in any manner.