Nazni Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5487 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== Nazni Khatoon W/o Md. Mumtaz Alam @ Mumtaz Alam R/o vill - Shakurabad, P.s. - Shakurabad, distt. - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Informant :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner; learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Jehanabad Mahila P.S. Case No. 19 of 2023 dated 03.07.2023, instituted for the offence punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. The prosecution case, in short, is that the informant met with Md. Salam Alam at the house of her maternal aunt and fell in love with each other and thereafter, Md. Salam Alam established physical relation with the informant on the pretext of marriage and when the informant asked Md. Salam Alam for
Patna High Court CR. MISC. No.5487 of 2024(2) dt.17-02-2024 2/3 marriage then the family of Md. Salam Alam demanded dowry in lieu of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that case has been lodged against all the family members of the petitioner but the main allegation is against one Md. Salam Alam, petitioner is the mother of said Md. Salam Alam. It is further stated that it is evident from the F.I.R. that victim-informant is aged about 20 years. It is further submitted that during course of investigation no direct/indirect materials appears to have been found which would substantiate the involvement of the petitioner in the present case. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jehanabad Mahila P.S. Case No. 19 of 2023, she shall be released on anticipatory bail
Patna High Court CR. MISC. No.5487 of 2024(2) dt.17-02-2024 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T