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Patna High CourtCR. MISC./63152/2023allowed

Bibi Tajan @ Tajenoor v. The State Of Bihar

2023-10-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63152 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Bibi Tajan @ Tajenoor Wife of Md. Sameer Resident of Matiyarpur, P.S.- Jalalgarh, District-Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Samina Khatoon Wife of Md. Saheb, Daughter of Md. Mojibur Rahman Resident of Matiyarpur, P.S.-Jalalgarh, District-Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Complaint Case No.255 of 2023 in which, after enquiry, the Court has found prima facie case against the petitioner and the husband of the complainant and took cognizance under Sections 323 and 498(A) of the Indian Penal Code.

3. The allegation against the petitioner (mother-in-law of the complainant) is that soon after the marriage of the complainant, the petitioner along with her son (husband of the complainant) started assaulting and torturing the complainant

Patna High Court CR. MISC. No.63152 of 2023(2) dt.18-10-2023 2/2 for additional demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is mother-in-law of the complainant and she has no concern with day to day affairs of the complainant and her husband. The petitioner has neither demanded any dowry nor tortured the complainant as alleged.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Complaint Case No.255 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T