Rehana Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41720 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== REHANA KHATOON wife of MD. ISMAIL R O VILLAGE LADAURA WARD NO 6 PS KUDHANI DISTRICT MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman.
4. The informant alleges that her daughter was married to Md. Kaisar about 17 years ago, but after marriage she was tortured in various ways and the daughter of the victim was taken to Delhi by Rehana for education and marriage purpose, but then no information was
Patna High Court CR. MISC. No.41720 of 2023(2) dt.07-08-2023 2/3 provided to the victim about her daughter. It is next alleged that on 15.06.2022, all accused persons killed the victim.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the marriage was 17 years old and in between these 17 years no case ever came to be instituted either by the informant or the deceased which amply demonstrates that the relationship of the deceased with her family members from her husband side was cordial. It is next submitted that petitioner is married Nanad of the deceased and lives separately and there is no specific allegation alleged against her, it is also submitted that informant is not an eye witness to the occurrence.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the
Patna High Court CR. MISC. No.41720 of 2023(2) dt.07-08-2023 3/3 like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Musarigharari P.S. Case No. 105 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T