Saleha @ Saleha Khatun @ Shaleha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7208 of 2021 Arising Out of PS. Case No.-156 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== SALEHA @ SALEHA KHATUN @ SHALEHA W/o Late Md. Altaf Hussain @ Mahboob Alam Resident of Mohalla- Faruki Zama Masjid, P.S.- Kotwali, Distt- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mahendra Prasad Bhartee For the Opposite Party :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in connection with Kotwali P.S. Case No. 156 of 2019, registered for the offences punishable under Sections 498(A), 364/34 of the Indian Penal Code and 3/4 Dowry Prohibition Act.

The allegation as per FIR is that the sister of the informant was married with co-accused Aftab Alam and after marriage the informant's sister started living with her husband. It has further been alleged that after some time the husband and

Patna High Court CR. MISC. No.7208 of 2021(5) dt.03-03-2022 2/3 the accused persons including the present petitioner who is mother-in-law of the victim started torturing her for non-fulfillment of demand of dowry of Rs. 50,000/-. The informant has further alleged that when the informant arrived at the matrimonial house of his sister on 30.03.2019 but his sister was not there. The informant has raised suspicion that his sister has been killed by the petitioner and other accused persons and her dead body had been disposed of.

Learned counsel for the petitioner has submitted that other accused persons including the husband of the petitioner has been granted regular bail by this Court.

Learned APP for the State has opposed the prayer for bail of the petitioner.

The case diary has been called for. From perusal of the case diary it appears that the victim is still traceless and the investigation is going on. Moreover, the anticipatory bail petition of the present petitioner has already been rejected by the learned coordinate Bench of this Court in Cr. Misc. No. 43170 of 2019 vide order dated 11.12.2019. There is nothing on the record which shows that there is any changed circumstances on the basis whereof the anticipatory bail of the present petitioner may be reconsidered.

Patna High Court CR. MISC. No.7208 of 2021(5) dt.03-03-2022 3/3 Accordingly, prayer for anticipatory bail of the petitioner is rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T