Sahina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42933 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== Sahina Khatoon, aged 42 years, Female, W/o- Mohammad Ghulam Khan @ Nanhe R/o Village-Rani Sagar, P.S.- Shahpur, District - Bhojpur (Ara). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Jubair Ansari, Advocate For the Opposite Party :

Mr.Satyendra Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Bhojpur (Ara) Mahila P.S. Case No. 71 of 2019.

3. It is submitted that the petitioner has been falsely implicated and in any event, the entire gamut of accusations under Section 376 of the IPC are against co-accused Parvej Khan @ Sheru Khan. The petitioner has been implicated merely because she happens to be mother of he said co-accused Parvej Khan @ Sheru Khan. The other accusations against the petitioner are mere embellishment. The petitioner is a lady and claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ara, Bhojpur in connection with Bhojpur (Ara) Mahila P.S. Case No. 71 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with

Patna High Court CR. MISC. No.42933 of 2019(2) dt.11-07-2019 2/2 further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall be well represented in court on each and every date during trial except as and when directed by the learned court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T