Fatma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29869 of 2017 Arising Out of PS. Case No.-40 Year-2017 Thana- SAKRA District- Muzaffarpur ====================================================== Fatma Khatoon Wife of Fida Hussain Resident of Village - Mirapur, Police Station - Sakra, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Neeraj Kumar Alias Sanidh, Advocate For the State :

Mr. Binod Kumar 2, APP For the Informant :

Mr. Raju Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending her arrest in a case registered under Sections 498A and 304B/34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the mother-in-law of the deceased. She is separate

Patna High Court Cr.Misc. No.29869 of 2017(4) dt.15-09-2017 2/2 in mess and property from the husband of the deceased. The husband of the deceased is in custody. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 13th Sub Judge-cum-A.C.J.M., Muzaffarpur in connection with Sakra P.S. case No.40 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T