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Patna High CourtCR. MISC./31912/2020allowed

Kahkasha Praveen @ Kahkasha @ Bibi Kahakasha v. The State Of Bihar

2021-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31912 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== KAHKASHA PRAVEEN @ KAHKASHA @ BIBI KAHAKASHA wife of Md. Najam @ Md. Nojjam Alam Resident of Village - Kurma, Police Station - Rasalpur (Kahalgaon), District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 498A, 504 & 506/34 of the Indian Penal Code.

In compliance of the order dated 20.09.2021, today an affidavit has been filed on behalf of the petitioner. Let it be kept on record.

In paragraph-4 of the supplementary affidavit filed today, it is stated that Bibi Husna Ara, who is informant of this case, sworn affidavit before the Notary Public, Bhagalpur that she is residing with her husband with full honour and dignity and she has no complain against her husband.

Patna High Court CR. MISC. No.31912 of 2020(11) dt.30-11-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case as she is first wife of Md. Najam and the informant is the second wife of Md. Najam. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kahalgaon (Rasalpur) P.S. Case No. 378 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T