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Patna High CourtCR. MISC./10821/2019bail granted

Rubaida Khatoon v. The State Of Bihar

2019-02-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10821 of 2019 Arising Out of PS. Case No.-101 Year-2017 Thana- BALTHAR District- West Champaran ====================================================== Rubaida Khatoon W/o Sheikh Amil @ Chhappan Resident of VillageShaikhtola Gauripur, P.S. - Balthar, District- W. Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant's daughter was tortured and ultimately done to death in her matrimonial house for want of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitionr is mother-in-law of the deceased. She is separate in mess and property from husband of the deceased. She has no concern with the affairs of husband of the

Patna High Court Cr.Misc. No.10821 of 2019(2) dt.25-02-2019 2/2 deceased. The husband of the deceased is in custody. After investigation, police had submitted final form against the petitioner. The court below differed with the police report and took cognizance against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-, Bettiah in connection with Balther P.S. Case No. 101 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T