Nusrat Praveen @ Aaliya Khatoon @ Aaliya Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57931 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- CHHABILAPUR District- Nalanda ====================================================== NUSRAT PRAVEEN @ AALIYA KHATOON @ AALIYA KHATUN D/O YAKOOB KHAN RESIDENT OF S-310, SIDHAULI, DALMIANAGAR, T AND P.S. DALMIANAGAR, DIST.- ROHTAS, BIHAR ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
AFSANA PRAWEEN WIFE OF MD. ALI IMRAN R/O HOUSE NO. 293, MILLAT COLONY SECTOR-3, NEAR SOHAIL MARRIAGE HALL, PHULWARISHARIF, DIST- PATNA, AND D/O MD. KUSTUNTAIN, AT PRESENT RESIDENT OF VILLAGE- MALUANADIH, PSCHHABILAPUR, DIST- NALANDA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Basant Kumar Tripathy For the Opposite Party/s :
Mr. Dilip Kumar No. 1 Mr. Dr. Md. Raisul Haque Mr. Binay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard the parties.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 109, 307, 498A, 406, 352, 323, 341, 504, 506 of the Indian Penal Code and 3⁄4 of Dowry Act.
3. Allegedly, the petitioner is said to have been in illicit relationship with the husband of the informant, namely, Md. Imran Ali. The petitioner threatened the informant to leave her husband and on her instigation, the co-accused Md. Imran sprinkled petrol on the informant and her children but somehow
Patna High Court CR. MISC. No.57931 of 2023(4) dt.18-01-2024 2/3 she managed to escape with her children.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Learned counsel for the petitioner filed a supplementary affidavit in which it is stated that the petitioner is not going to marry the husband of the informant. Petitioner has no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chhabilapur P.S. Case No.46 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The petitioner is directed to not interfere in the
Patna High Court CR. MISC. No.57931 of 2023(4) dt.18-01-2024 3/3 personal life of the informant or his husband. If it is found that the petitioner is doing the same, then the informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
(Anjani Kumar Sharan, J) shikha/- U T