Nasima Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35494 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Nasima Khatoon, wife of Maniruddin @ Manirudin Ansari, resident of Village-Pirojgadh, P.S.-Ghoghardiha, District-Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2016 The petitioner being mother of the husband of the informant is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand and making assault. It is submitted by learned counsel for the petitioner that accusation of assault is not specific against the petitioner and the thrust of accusation is against the husband of the informant. The injury has been found to be superficial, simple in nature. It is further submitted that petitioner is ready to allow the informant to enjoy her share of property in the matrimonial house though she claims to be separate from the husband of the informant.
Considering the aforesaid facts, let the
Patna High Court Cr.Misc. No.35494 of 2016 (2) dt.18-08-2016 2/2 petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 99 of 2015, G.R. No. 1716 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T