Afsana Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30103 of 2017 Arising Out of PS.Case No. -1820 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Afsana Khatoon wife of Anwar Ansari, resident of Village- Jaukatia, Tola- Bhatwalia, P.S.- Majhaulia, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sabila Khatoon wife of Anwar Ansari and daughter of Alamgir Ansari, resident of Village- Barhaiya Tola, P.S.- Majhaulia, District- West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending her arrest in connection with Trial No. 3902 of 2017, arising out of Complaint Case No. 1820-C of 2016 for the offence instituted under Sections 498A of the Indian Penal Code.

The allegation against the petitioner is that being the second wife of the husband of the victim, on her instance, the accused persons assaulted the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.30103 of 2017 (2) dt.13-07-2017 2/2 petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner is alleged to be the second wife of the husband of the victim. The said allegation is denied by the petitioner. The petitioner is a lady. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Trial No. 3902 of 2017, arising out of Complaint Case No. 1820-C of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T