Baddu Khatoon v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6321 of 2019 Arising Out of PS. Case No.-154 Year-2017 Thana- BISFI DistrictMadhubani ====================================================== Baddu Khatoon aged about 35 years, female, W/o Md. Usman, resident of Dharampur, P.S-Kamtaul, Distt.-Darbhanga.

... ... Petitioner

Versus

1. The State of Bihar

2. Gulshan Praveen aged about 27 years, female, daughter of Md. Hamid Khan resident of village-Chhchhua, P.S-Bisfi, Distt.-Madhubani. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 143, 341, 323, 354, 379, 498(A), 504 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Bisfi P.S. Case No. 154 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event no demand whatsoever attributed is alleged to have been made by the petitioner. The husband of the petitioner has not been made accused. The petitioner is an elderly lady of about 75 years of aged living separately and claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.6321 of 2019(2) dt.05-02-2019 2/2 to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 154 of 2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T