Nagma Parween @ Baby v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43435 of 2023 Arising Out of PS. Case No.-566 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Nagma Parween @ Baby D/O Md. Shahnawaj Hussain R/O VillageNarainapur, Ps. Ramnagar, Dist. West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shabya Bano W/O Asif Nawaj, D/O Reyasat Khan R/O Mohalla- Noniyar, Ward No. 07, Ps. Bettiah Town (KALIBAG), Dist. West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 341, 313/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The petitioner along with other accused persons is said to have ousted the opposite party no. 2 from her matrimonial home in association of his family members over the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is the Nanad of the opposite party no. 2. He submits that there is

Patna High Court CR. MISC. No.43435 of 2023(2) dt.10-08-2023 2/2 no specific overt act against the petitioner. He further submits that father-in-law, mother-in-law and husband of the opposite party no.2, have been enlarged on bail by this Court vide order dated 01.09.2022 passed in Cr. Misc. No. 26104 of 2022. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act agaisnt the petitioner, 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 Bettiah Town (Kalibag) P.S. Case No. 566 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T