Patna High CourtCR. MISC./21564/2016disposed

Golzan Khatoon @ Gulzan Khatoon @ Golgan v. The State Of Bihar

2016-05-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21564 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -MAHILA PS District- KATIHAR ====================================================== Golzan Khatoon @ Gulzan Khatoon @ Golgan, W/O of Musfique Alam, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the third wife of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/323/506/379/494 of the Indian Penal Code.

Prosecution case is that Musfique Alam performed second marriage with the informant Aklema Khatoon after death of his first wife. Subsequently, the husband of the informant performed third marriage with the petitioner and at her instance the torture was inflicted.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the petitioner and the petitioner did not inflict any torture to the informant. Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.21564 of 2016 (2) dt.16-05-2016 2/2 petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Katihar, in connection with Mahila P.S. Case No.23/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on filing of affidavit to the effect that she will not inflict any type of torture to the informant. It is expected that the learned Court below shall get the said affidavit transmitted to the concerned police station.

(Dinesh Kumar Singh, J) Ashwini/- U T