Gulshan Khatoon v. The State Of Bihar

Patna High Court Cr.Misc. No.31824 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31824 of 2015 Arising Out of PS.Case No. -286 Year- 2014 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Gulshan Khatoon Wife of Md. Abbas Resident of village - Daqarsham, P.S. Bahadurpur, District - Darbhanga ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Mahnar P.S. case No. 286 of 2014, disclosing offences under Sections 366A, 372, 373/34 of the Indian Penal Code and Section 8/8 of the POSCO Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is sister of Md. Imran with whom the victim is said to be having affair. Learned counsel appearing on behalf of the petitioner submits that said Imran has been granted regular bail by the learned Special Judge, POSCO, Vaishali at Hajipur.

Learned counsel appearing on behalf of the Informant has

Patna High Court Cr.Misc. No.31824 of 2015 (2) dt.12-08-2015 vehemently opposed the prayer for anticipatory bail and has contended that this petitioner is the real person behind the occurrence.

Be that as it may, in view of the admitted fact the petitioner's implication is because of her relationship with main accused Md. Imran and she being the lady, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Special Judge, POSCO, Vaishali at Hajipur in Mahnar P.S. Case No. 286 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U