Patna High CourtCR. MISC./27356/2018bail granted

Khairun Nisha v. The State Of Bihar

2018-06-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27356 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Khairun Nisha W/o Md. Azim, R/o Goshala Road Masjid Chowk, P.S.- Mithanpura, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 498A, 323, 365, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is mother-in-law of the victim. The petitioner is separate in mess and property from the husband of the victim. She has no

Patna High Court Cr.Misc. No.27356 of 2018 (3) dt.20-06-2018 concern with affairs of husband of the victim. There is no substantive evidence to suggest the implication of the petitioner in the present case for offence under Seection-365 of the Indian Penal Code.

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

Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, East, Muzaffarpur in connection with Mithanpura P.S. Case No. 34 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T