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Patna High CourtCR. MISC./17072/2024bail granted

Rasulan Khatoon @ Rasulan Bibi v. The State Of Bihar

2024-04-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17072 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- IMADPUR District- Bhojpur ====================================================== Rasulan Khatoon @ Rasulan Bibi Wife of Late Kaimudin Ansari Resident of Village- Moap Khurd, Police Station- Imadpur, in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 498A, 379, 506 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the instant case by the informant. It is next submitted that the informant is daughter-in-law of the petitioner and alleges that she was married to the son of the petitioner on 13.09.2020 and after marriage, the accused persons including the petitioner started demanding dowry as detailed in the FIR and when her father expressed his inability to fulfill the demand, she was abused, assaulted and was ousted from her matrimonial home after snatching all her jewelleries. It is next

Patna High Court CR. MISC. No.17072 of 2024(2) dt.04-04-2024 2/2 submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of demand, torture and abuse is general and omnibus in nature in so far as petitioner is concerned. It is also submitted that whenever any dispute arises in between the husband and wife, the entire family members are implicated in a mechanical manner with general omnibus and ornamental allegation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Imadpur P.S. Case No. 112 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T