Farida Khatoon @ Pinki Khatoon And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18248 of 2018 Arising Out of PS. Case No.-529 Year-2017 Thana- BETTIAH CITY District- West Champaran ======================================================

1. Farida Khatoon @ Pinki Khatoon , s/o- Late Md. Nasir,

2. Ashma Khatoon, wife of Late Sk Nasir Both are residents of Ujjain Tola, P.S.- Bettiah Town, District- West Champaran.

3. Sk. Raju @ Sk. Javed @ Javed Alam @ Raju, son of Late Sk. Aashik, r/ovillage Turhapatti, P.S.- Kalibag, O.P., District- West Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Aafrin Khatoon, wife of Md. Sarfaraj @ Sonu, son of Noor Muhammad Khan, r/o- Baswariya, Daroga Tola, Ward No. 31, P.S.- Bettiah Town, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. SMT. ANITA KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 1 is the legally wedded wife of Md. Sarfaraj, petitioner no. 2 is

Patna High Court Cr.Misc. No.18248 of 2018(2) dt.29-03-2018 2/2 mother of petitioner no. 1 and petitioner no. 3 is maternal uncle of petitioner no. 1. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 529 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T