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Patna High CourtCR. MISC./49699/2023bail granted

Munni Khatoon @ Manni Khatoon v. The State Of Bihar

2023-08-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49699 of 2023 Arising Out of PS. Case No.-668 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

MUNNI KHATOON @ MANNI KHATOON W/O MD. JAWED R/O BY PASS, NEAR MASJID, GHUGHRI TAD, P.S. AND DISTRICT- GAYA. AT PRESENT R/O TOPASIYA, NEAR ALBELA BIRYANI, P.S.- TILJALA, KOLKATA 2.

BUTTU PARVEEN @ SUFIYA @ BUTTU W/O MUHAMMAD MUKHTAR R/O AURI MORE, LAL TOWER, P.S.- ANPARA, DISTRICTSONBHADRA (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satrudhan Kumar, Adv For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2023 Heard Mr. Satrudhan Kumar, learned counsel for the petitioners and Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Kotwali PS Case No. 668/2022 dated 22.10.2022 registered for the offence punishable under Sections 498(A), 341, 323, 366, 379/34 of the IPC and Section 3⁄4 of Dowry Prohibition Act.

3. As per prosecution case, the informant got married to one Md. Afroz on 27.02.2022 and after some time, she was subjected to torture and cruelty by the petitioners due to non

Patna High Court CR. MISC. No.49699 of 2023(2) dt.16-08-2023 2/3 fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as the petitioners are cousin mother-in-law (KhalaSaas/Mausi-Saas) and mother-in-law respectively. The allegations levelled against them are general and omnibus in nature and they live separately having no concern in the family affairs of the informant. Learned counsel next submits that the informant, in order to put pressure on her husband to live with her in her maika, has lodged this case against the mother and the sister of mother of the husband.

5. Regards being had to the submissions made by the parties, taking into consideration that the petitioners cousin mother-in-law (Khala-Saas/Mausi-Saas) and mother-in-law respectively and the allegations attributed to them are general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.49699 of 2023(2) dt.16-08-2023 3/3 Gaya in connection with Kotwali PS Case No. 668/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T