Maitun Nisha @ Mainun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36176 of 2023 Arising Out of PS. Case No.-263 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== MAITUN NISHA @ MAINUN NISHA Wife of Late Nurul Shah Resident of village - Gadari, P.O. - Jogiyara, P.S. - Jale, Distt. - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sagufta Yasmin Wife of Md. Islam Sah, D/o Md. Aftabuddin Sah Resident of village - Bahera, P.O. - Bahera, Zahidpur, P.S. - Naanpur, Distt. - Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard both sides.

2. Petitioner apprehends her arrest in connection with Naanpur P.S. Case No.263 of 2019, registered for the offence punishable under Sections 498(A) and 34 of the Indian Penal Code as well as under Sections 3⁄4 of the Dowry Prohibition Act.

3. The petitioner alongwith other co-accused persons is said to have tortured the informant physically and mentally for non-fulfillment of demand of additional dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.36176 of 2023(2) dt.18-07-2023 2/2 that petitioner is the mother-in-law of the informant and no specific allegation is made against her. It is submitted that the petitioner has no manner of concern with the family affairs of her son and daughter-in-law.

5. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner.

6. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sitamarhi in connection with Naanpur P.S. Case No.263 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T