Namna Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22007 of 2018 Arising Out of PS. Case No.-920 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Namna Khatoon Wife of late Habibullah Resident of Village Sabeya, P.S. Ram Nagar, District- West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Salmeara Begam Wife of Md. Rahamtullah, daughter of Md. Kalimuddin Resident of Village- Bagahi, P.S. Louriya, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prabhat Ranjan, Adv.

For the State :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending her arrest in a case registered under Sections 323, 403, 406, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of 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 case is triable by the Magistrate. The petitioner has relied upon

Patna High Court Cr.Misc. No.22007 of 2018(2) dt.13-04-2018 2/2 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 State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Addl. Chief Judicial Magistrate, Bagha at West Champaran in connection with Complaint case No.920 of 2017 (Trial No.2094 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T