Nazma Khatoon @ Ruhi Begum v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50211 of 2017 Arising Out of PS.Case No. -2427 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Nazma Khatoon @ Ruhi Begum, W/O Late Salim Khan, aged about 51 years, R/O Mohalla-Ram Bagh Nakalwa Chowk, P.S. Mithanpura, DistrictMuzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sajia Sultana, W/O Md. Vasim Khan and D/O Anjar Ahmed, R/VRambag, Mohalla- Nakulwa Chowk, P.S. Mithanpura, DistrictMuzaffarpur. Presently residing at Kalibagh, Ward No. 13, P.S. Bettiah Nagar, District-West Champaran.

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

For the Petitioner : Mr. Sri Niwas Jha, Advocate. For the State : Mr. Binod Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 323, 498(A) of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.50211 of 2017 (2) dt.17-10-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the in-laws of the victim. She is separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West Champaran, in connection with Complaint Case No. 2427C/2015, SC No. 1180/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T