Basila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23516 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- DHURAIYA District- Banka ====================================================== BASILA KHATOON W/o Rajjak Ansari, R/o Village- Naua Bandh, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Prasad Roy, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-08-2022 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Dhoraiya P.S. Case No. 106 of 2021 arising out of Complaint Case No. 325(C) of 2021 lodged under Sections 498(A), 323, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that husband of the informant/victim has been arrested during pendency of the present criminal miscellaneous case. He further submits that the present petitioner is the mother-in-law, who is in custody since 16.02.2022 and charge sheet has already been filed. Learned counsel for the petitioner specifically mentioned that the informant of the present case is habitual litigant as it is her third case under Section 498(A) and other sections against the family of the petitioner. The detail of the case no. is

Patna High Court CR. MISC. No.23516 of 2022(2) dt.04-08-2022 2/2 mentioned in paragraph no.3 of the petition. On this ground, he submits that the petitioner's antecedent is clean, if the case filed by the informant may not be considered. So far as merit is concerned there is nothing specific against the present petitioner and whatever be the allegation made, all are general and omnibous in nature.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 106 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T