Nasima @ Nasimiyan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67143 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- KOTWALI District- Patna ====================================================== NASIMA @ NASIMIYAN KHATOON Wife of Md. Halim @ Langda @ Md Alim Resident of Village - Kamla Nehru Nagar, P.S.- Kotwali, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 498(A), 302/34 of the Indian Penal Code.

Allegedly, the sister of the informant was married with co-accused Md. Zakir Hussain. It is alleged that since last one year his sister was living in her paternal house as her husband was having illicit relation with the petitioner. It is further alleged that on 11.03.2022, co-accused Md. Zakir Hussain came and took away his sister to her matrimonial house and on 21.03.2022, the informant got information that his sister has been killed due to aforesaid old dispute. The allegation against the petitioner is that she alongwith the husband of the deceased

Patna High Court CR. MISC. No.67143 of 2022(2) dt.19-01-2023 2/3 are responsible for the death of informant's sister. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the allegation that the petitioner has illicit relation with the husband of the deceased is completely baseless and false. The informant is not an eyewitness to the occurrence. He further submits that the husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.67143 of 2022(2) dt.19-01-2023 3/3 connection with Kotwali P.S. Case No.142 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T