Begum Khatoon @ Most. Akhtari Begam @ Begum @ Begama v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12512 of 2019 Arising Out of PS. Case No.-238 Year-1999 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Begum Khatoon @ Most. Akhtari Begam @ Begum @ Begama aged about 72 years, Female, Wife of Late Md. Aslam R/o village- Chakbahauddin, P.SDalsingsarai, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is seeking anticipatory bail in connection with C.R. No. 238 of 1999 registered under Sections 498A and 304B of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner happened to be the mother-in-law of the deceased. Initially a case of unnatural death was registered, later on a complaint case was filed which was sent for registration of First Information Report. The case was investigated but no material could be found to support the allegation against the petitioner, therefore a final form was submitted by police, at this stage, a protest petition was filed by the informant, the same was treated

Patna High Court CR. MISC. No.12512 of 2019(2) dt.07-03-2019 2/3 as complaint case and learned Magistrate took cognizance in the complaint case, decided to issue summon against the accused persons including the present petitioner. It is submitted that at this stage the complainant has died and therefore learned counsel for the petitioner seeks permission to delete the name of opposite party no. 2 from the array of parties. Permission is granted.

It is further submitted that two of the accused have been granted privilege of anticipatory bail by two learned coordinate Benches of this court in Cr. Misc. No. 11216/2019 and Cr. Misc. No. 9195/2019.

No one appears on behalf of the State to oppose the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case whereunder the petitioner is said to be the mother-in-law of the deceased and cognizance has been taken after police found no case against her as also that the co-accused has been granted privilege of anticipatory bail, in the event of her arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Dalsingsarai, District - Samastipur, in connection with

Patna High Court CR. MISC. No.12512 of 2019(2) dt.07-03-2019 3/3 C.R. No. 238/1999, subject to condition as prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U