Patna High CourtCR. MISC./36254/2014bail granted

Saleha Khatoon v. The State Of Bihar

2015-04-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36254 of 2014 Arising Out of PS.Case No. -108 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Saleha Khatoon, wife of Md. Ayub , resident of village - Koua Nagar , Pani Sadara, P.S. - Baisi , District -Purnea . .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate Mr. Kumar Manglam, Advocate For the Opposite Party/s : Mr. R. B. S. Pahepuri, APP For the Informant : Mr. Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 01-04-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks anticipatory bail in connection with Baisi P.S. Case No. 108 of 2014 registered for the offences punishable under Sections 323, 498A and 379 read with 34 of the Indian Penal Code.

It has been contended that there is no truth behind the allegations made in the FIR. As a matter of fact, the informant of the case has been appointed as Panchayat Teacher in the year 2009 and since then she is not willing to live with her husband.

Patna High Court Cr.Misc. No.36254 of 2014 (3) dt.01-04-2015 2 / 2 On the other hand, learned counsel for the informant has vehemently opposed the prayer for bail. He has submitted that the informant of the case was subjected to cruelty for nonfulfilment of demand of dowry and the petitioner being motherin-law had actively participated in the alleged offence. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 108 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T