Kamrun Nesha @ Kamrul Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35832 of 2017 Arising Out of PS.Case No. -222 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Kamrun Nesha @ Kamrul Nesha Wife of late Suleman Resident of Village- Jagarnatha, P.S. Manjhagarh, District- Gopalganj, at Present residing at Naya Tola, Bhedhiya, P.S. and District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending her arrest in connection with Manjhagarh P.S. Case No. 222 of 2016 for the offence instituted under Section 498-A, 323, 406 of the Indian Penal Code and Section 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon 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 petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.35832 of 2017 (02) dt.10-08-2017 2/2 case is triable by the Magistrate. The petitioner is mother-in-law of the victim. She is separate in mess and property from the husband of the victim. 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 F.I.R.

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 Manjhagarh P.S. Case No. 222 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 C.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Sudhir Singh, J) Amit/- U T