Sehara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36631 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sehara Khatoon W/o Jamin Ahmad @ Jamil Ahmad R/o vill - Khantari Mahamand, P.s. - Baruraj, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulsan Khatoon W/o Jamil Ahmad R/o vill - Khantari Mahamand, P.s. - Baruraj, Distt. - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar Pandey, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP For Opposite Party No.2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Heard learned counsels for the parties.

2. Despite valid service of notice, no one appears on behalf of complainant/Opposite Party No. 2.

3. The petitioner apprehends her arrest in a complaint case registered for the offence punishable under Sections 406 and 498A of the Indian Penal Code.

4. Allegation against this petitioner is of matrimonial cruelty and demand of dowry.

5. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case merely because she happens to be second wife of co-accused Jamil Ahmad. Specific accusation is against husband of the

Patna High Court CR. MISC. No.36631 of 2024(3) dt.22-08-2024 2/2 complainant and there is general and omnibus allegation against this petitioner. There is no specific allegation of overt act against this petitioner. At no point of time, this petitioner abused or assaulted the complainant. Petitioner is lady and claims clean antecedents.

6. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

7. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Trial No. 3625 of 2023 arising out of Complaint Case No. 49 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T