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Patna High CourtCR. MISC./31335/2013bail granted

Salim And ANR. v. The State Of Bihar

2015-03-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31335 of 2013 Arising Out of PS.Case No. -136 Year- 2012 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Salim Son Of Abdul Resident Of Village Purwari Jhiruwa P.S. Forbisganj (Simraha ) Distt Araria

2. Bibi Rashida @ Rashida Wife Of Salim Resident Of Village Purwari Jhiruwa P.S. Forbisganj (Simraha ) Distt Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sajmeera Khatoon, W/o Saddam, resident of village- Purwari Jhirwa, P.S.- Smiraha, District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha, Advocate For the Opposite Party/s : Mr. Sucheta Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 It is submitted by the learned counsel for the petitioners that petitioner no. 1 being the father of the husband of the informant has died. Hence, prayer is made for withdrawal of application with regard to petitioner no.

1. Prayer is allowed.

Heard learned counsel for the petitioner no.2 and the State.

The petitioner no. 2 being mother of the husband of the informant is apprehending her arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-

Patna High Court Cr.Misc. No.31335 of 2013 (5) dt.18-03-2015 fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioner no. 2 that the informant has retracted from the initial version and filed a petition to that effect before learned court below.

Mr. Kundan Kumar Singh, appearing on behalf of the informant is not opposing the prayer for bail of petitioner no. 2.

Considering the aforesaid facts, let the above named petitioner no. 2 be released on bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 136 of 2012, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T