Patna High CourtCR. MISC./50461/2021bail granted

Israt Praveen v. The State Of Bihar

2022-02-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50461 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== 1.

Israt Praveen D/O Gulam Rasul R/o village- Ganguli, P.S.- Banipatti, District- Madhubani 2.

Nasima Khatoon W/O Gulam Rasul R/o village- Ganguli, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Ratanakar Jha, Advocate For the Opposite Party :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Benipatti P.S. Case No.136 of 2020 registered for offences under Sections 302, 498(A) and 34 of the Indian Penal Code. Petitioner no.1, namely, Israt Praveen is unmarried girl, sister-in-law of the deceased and she is a junior member of the family and there is general and omnibus allegation against her.

Considering the aforesaid facts of the case, the application for anticipatory bail on behalf of petitioner no.1, namely, Israt Praveen is allowed.

Patna High Court CR. MISC. No.50461 of 2021(2) dt.03-02-2022 2/2 Accordingly, let petitioner no.1, namely, Israt Praveen, in the event of her arrest or surrender within ten weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti in connection with Benipatti P.S. Case No.136 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner no.2, namely, Nasima Khatoon is concerned, she is the mother-in-law of the deceased and allegations of torture and demand of dowry are there which have been supported by the witnesses. Though petitioner no.2 has relied upon an order dated 23.08.2021 passed in Cr. Misc. No. 21606 of 2021 by which some other accused persons have been granted anticipatory bail but in the opinion of this Court, role of petitioner no.2 is distinguishable.

Considering the above facts, I am not inclined to grant anticipatory bail to petitioner no.2, namely, Nasima Khatoon. Prayer for anticipatory bail is hereby rejected. (Sandeep Kumar, J) BT/- U T