Patna High CourtCR. MISC./7428/2017rejected

Hasina Khatoon v. The State Of Bihar

2017-03-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7428 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hasina Khatoon, Wife of Ali Mian, resident of village - Parsauna Tapsi, P.S. Palanwa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Palnawa P.S. Case No. 61 of 2016 instituted for the offence under sections 323, 342, 372, 379, 376, 366A, 420, 498A and 506 of the Indian Penal Code.

There is allegation against this petitioner that she sold the orphanage informant to one Shabir Alam @ Munna for Rs. one lakh. The accused Shabir Alam with collusion of this petitioner committed rape with her several times. When she made protest this petitioner misbehaved with her. The petitioner told her that she has to live with Sabhir as she was sold to Sabir Alam for Rs. one lakh. The petitioner also produced a false photograph of the informant along with Shabir Alam.

Patna High Court Cr.Misc. No.7428 of 2017 (3) dt.21-03-2017 2/2 It has further been alleged that Sabir Alam @ Munna used to live with this petitioner and commit mental torture with her and also gave threat to her to leave the village otherwise he will disfigure her face.

The learned A.P.P. has submitted that witnesses have also supported the allegation against this petitioner. Under such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender before the court below and pray for regular bail which shall be considered and disposed off on its own merit without being prejudiced by this order.

(Sanjay Priya, J) Ravi/- U T