Patna High CourtCR. MISC./42542/2016bail granted

Khaitun Nessa @ Khaitun Nesha v. The State Of Bihar

2016-10-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42542 of 2016 =====================================

1. Khaitun Nessa @ Khaitun Nesha, wife of Late Rahim Ansari, Resident of Village- Koirpatti, Tola- Bhualpatti, P.S.- Tharkaraha, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s: Mr. Rajendra Singh Shastriji, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Thakaraha P.S. Case No. 86 of 2016, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased.

Learned counsel for the petitioner has submitted that there is absolutely no allegation of demand of dowry against this petitioner nor there is any allegation of torturing

Patna High Court Cr.Misc. No.42542 of 2016 (2) dt.17-10-2016 2/2 the deceased. He has submitted that there is such allegation against the husband of the deceased, who is in custody.

Considering the submission, as above, and the fact that there is no specific allegation against the petitioner, who is the mother-in-law of the deceased, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, 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, Bagaha, West Champaran, in connection with Thakaraha P.S. Case No. 86 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T