Fahima Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1874 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -THAWE District- GOPALGANJ ======================================================
1. Fahima Khatoon, Wife of Babar Ali, Resident of Jangalia Ward No. 15, P.S.- Gopalganj Town, District- Gopalganj.
.... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Kumar For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application for grant of anticipatory bail arises out of Thawe PS case no. 62 of 2016 disclosing offences under Section 302/34 of Indian Penal Code and Section 27 of Arms Act.
Learned counsel for the petitioner has submitted that petitioner is an advocate's clerk and she was working at Gopalganj Civil Court on the date of occurrence. It is further submitted that petitioner has filed a case under Section 498A of Indian Penal Code which is still pending. It is next submitted that an amount of Rs. 5 lacs and 20 thousand as maintenance has been ordered to be given to the petitioner by the Principal Judge,
Patna High Court Cr.Misc. No.1874 of 2017 (4) dt.21-03-2017 2/2 Gopalganj, as such, there is no question of murder of informant. Hence, the petitioner deserves the privilege of anticipatory bail. Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case, let the petitioner, abovenamed, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe PS case no. 62 of 2016, subject to the condition laid down under Section 438(2) of Code of Criminal Procedure. (Arvind Srivastava, J.) rinkee/- U T