Shabnam Khatoon v. The State Of Bihar

Patna High Court Cr.Misc. No.53510 of 2016 (3) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53510 of 2016 Arising Out of PS.Case No. -119 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shabnam Khatoon D/o Habibullah Ansari, W/o Khaliquz Zama, Resident of Village- Gurwalia, P.S.- Mauapul, District- West Champaran (Bettiah). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anjum Akhter For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard the parties on the application for anticipatory bail filed by the petitioner in connection with Chanpatia P.S.Case No.119 of 2015 for the offence under Sections 147, 148, 149, 342, 323, 324, 307 and 302 of the Indian Penal Code. It is submitted on behalf of the petitioner that no specific allegation has been levelled against the petitioner, who is a lady. Further against this petitioner, final form has been submitted by the police, after investigation, but the learned Judicial Magistrate, after differing with the final form, has taken cognizance against this petitioner also. It is also submitted that the petitioner is not living in the village but she was married and living outside the village, however, due to family dispute, she has been made

Patna High Court Cr.Misc. No.53510 of 2016 (3) dt.19-01-2017 accused in this case.

Heard learned A.P.P. as well as learned counsel for the informant. The learned counsel for the informant has opposed the prayer for bail stating that the petitioner is absconding. Having heard both sides. In view of the facts as stated above and also considering the fact that final form has been submitted by the police and thereafter, cognizance has been taken differing with the final form, let the petitioner surrender before the court below and pray for regular bail, which will be considered by the court below, considering that the petitioner is a lady and there is no specific allegation of assault against her, the prayer of the petitioner for regular bail will be disposed of without being prejudiced by the order of this Court, if possible on the same day.

With the aforesaid observation, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U