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Patna High CourtCR. MISC./40312/2022allowed

Salma Khatoon @ Salma Khatun v. The State Of Bihar

2023-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40312 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== SALMA KHATOON @ SALMA KHATUN Wife of Late Rabban, daughter of Md. Amjad @ Md. Amzad Resident of village- Suja, Gachi Tola, ward no. 10 P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP.

Mr. Braj Bhushan Poddar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code. Allegedly, petitioner is said to have abetted the informant's son in committing suicide.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner has been residing in her Maika for seven

Patna High Court CR. MISC. No.40312 of 2022(3) dt.17-02-2023 2/2 months which is clear from the FIR itself. She has no concern with this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that petitioner is also involved in this case. Learned counsel for the informant further submitted that postmortem report has also supported the prosecution case.

Having regard to the facts and circumstances of the case and considering the nature of the offence, 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/successor Court in connection with Bariyarpur P.S. Case No. 32 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T