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Patna High CourtCR. MISC./40505/2020bail granted

Rookhsana Khatoon v. The State Of Bihar

2021-07-23Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40505 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== ROOKHSANA KHATOON W/O MAZAHAR HUSSAIN Resident Of Village - Miyapur Tilangahi, P. S. -Bairiya, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amarendra Nath Verma For the Opposite Party/s :

Mr. Rakesh Kumar No.1 Mr. Madhav Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends her arrest in connection with Bairiya P.S. Case no. 44 of 2020, registered under Sections 341, 323 and 506/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

The accusation is that marriage of the sister of informant Sahila Praveen was was performed with Wali Akhtar, son of Majhar Hussain, resident of Miyapur Tilangahi, after

Patna High Court CR. MISC. No.40505 of 2020(2) dt.23-07-2021 2/3 marriage Wasim Akhtar, brother of Wali Akhtar used to come at the parental house of informant and developed sweet relation with the informant on assurance to perform marriage. This fact was also come in the knowledge of parents of the informant and, ultimately, for performing the marriage of the informant with Wasim Akhtar, her parents had given cash of Rs. Four Lakh and ornaments worth of Rs. Three Lakh and motorcycle. On 08.02.2020, Wasim Akhtar came at the parental house of informant and proposed for Nikah. Thereafter, Wasim his father Mazhar and his brother Safi told her to take Rs. One Lakh more from her parents then Nikah will be performed on which informant replied that her parents will not give further money. Thereafter, family members of Wasim Akhtar pushed her from the house.

Learned counsel for the petitioner submits that petitioner is the mother of Wasim Akhtar, who is said to be put proposal for Nikah, due to that reason, she has falsely been implicated in this case during the course of investigation. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.40505 of 2020(2) dt.23-07-2021 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned In-charge Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 44 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T