Angeeja Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14681 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- SIKTI District- Araria ====================================================== ANGEEJA KHATUN Wife of Gulam Rabbani Resident of Village - Khoragad, Ward No. 4, P.S. - Sikti, District - Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-10-2021 Heard Mr. Subodh Kumar Jha, learned Advocate for the petitioner and Mr. Nafisuzzoha for the informant. The State is represented by Mr. Narsingh Tanti, learned APP.
Earlier a request was made for giving a priority hearing to this matter, but the same was declined and the matter was directed to be placed in usual course. However, again a request has been made for giving an early hearing to this case for the reason that all other accused persons of this case including the husband of the informant has been granted bail and the petitioner is an old lady.
Considering the aforesaid request, this case has been taken up today.
Patna High Court CR. MISC. No.14681 of 2021(3) dt.29-10-2021 2/3 Apart from the afore-noted reasons, Mr. Jha, learned counsel for the petitioner has also informed this Court that cases which have been filed later than this case have been listed but this case has not been listed for consideration.
The petitioner, who is the mother-in-law of the informant, seeks bail in anticipation of her arrest in connection with Sikty P.S. Case No. 172 of 2020 dated 09.10.2020 instituted for the offences under Sections 341, 323, 498(A) and 313/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner has submitted that the accusation against her is absolutely vague and general and she has been made accused in this case only because of her relationship with the husband of the informant. The reason for falsely implicating the petitioner and other members of the family is only to extort money and to unnecessarily and unduly pressurize the in-laws of the informant for ceding to her unreasonable demands.
The husband of the petitioner is said to have given an informatory petition to the police as also to the Chief Judicial Magistrate apprehending a reprisal at the hands of the informant. It has also been argued that the petitioner is separate in mess and business from the
Patna High Court CR. MISC. No.14681 of 2021(3) dt.29-10-2021 3/3 informant and her husband (son of the petitioner). Though the petitioner is aged about 51 years but she is not keeping good health.
Regard being had to the aforestated facts and taking into account that the husband of the informant has been granted bail, the petitioner is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Sikty P.S. Case No. 172 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T