Shakila @ Shakina @ Shakila Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56537 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== SHAKILA @ SHAKINA @ SHAKILA KHATOON W/O ANWAR ALAM R/O Kamaldaha, Ward No 09, Police Station- Kursakanta, District- Araria, Bihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Advocate Mr. Kumar Ravish, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of the Dowry Prohibition Act.
3. Prosecution case, in brief, is that on 11.2.2023, inlaws of the informant pressurized and assaulted her to bring Scorpio car as dowry and when her husband tried to rescue her, he was also assaulted. It is further alleged that on 12.2.2023, all the F.I.R. named accused persons threatened the husband of informant and co-accused Anwar Alam shot over his chest as a result of which, he was declared dead upon reaching the hospital.
Patna High Court CR. MISC. No.56537 of 2024(2) dt.10-01-2025 2/2
4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is apparent that it was coaccused Anwar Alam, who on the provocation of co-accused Azharuddin, fired upon the husband of informant. Petitioner is second wife of co-accused Anwar Alam and mother-in-law of the informant and there is no allegation of any specific overt act against her. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Kursakanta P. S. Case No. 26 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T