Mushtari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59751 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Mushtari Khatoon, Wife Of Miraj Ansari, resident of Village- Alakhpura, PsGidhour, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Laxmipur (Gidhour) P.S. Case No. 4 of 2023 dated 01.01.2023 instituted for the offence punishable under Sections 341, 323, 498(A)/34 of the Indian Penal Code, Section 3⁄4 of Dowry Prohibition Act and Section 4 of Muslim Woman Act.

3. The prosecution case, in short, is that the petitioner and his family members used to torture and assault the informant saying that she is only giving birth to girl child and therefore, they demanded two lakhs rupees from her parents through the informant for depositing in the name of two daughters. When she refused to fulfill the said demand, then the accused persons assaulted the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.59751 of 2024(2) dt.24-01-2025 2/2 petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the petitioner is the aunt of the husband of the informant. Learned counsel for the petitioner also submits that the petitioner resides separately from the family of the husband of the informant. The petitioner resides two kilo meters away from the house of the husband of the deceased and she has no concern with the informant and her husband in any manner. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laxmipur P.S. Case No. 04 of 2023, she will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) premchand/- U T