Patna High CourtCR. MISC./72660/2024bail granted

Ruhi Nisha v. The State Of Bihar

2024-10-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72660 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Ruhi Nisha W/o- Movinul Huque Resident of Village- Khankah, Chunauti Kuan, PS- Phulwari Sharif District- Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Rukshar Parween W/o- Shahid Mobin, D/o- Mohammad Shamsuddin Sheikh R/o- Murarpur ALN Road, 15, Ps- Kotwali, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2024

1. Heard the parties.

2. The petitioner apprehends her arrest in connection with Kotwali P.S. Case No. 310 of 2024 dated 03.06.2024 registered under Sections 498A, 323, 504, 313, 34 of the I.P.C. and Section 3 & 4 of the Dowry Prohibition Act.

3. As per the First Information Report the marriage of the informant was solemnized with the co-accused i.e. the son of the petitioner Shahid Mobin on 23.11.2023. It has been alleged that after marriage, the accused persons started demanding car by way of dowry and due to non fulfillment of the demand, they tortured the informant and tried to kill the informant by releasing electric current in the naked wire for drying wet

Patna High Court CR. MISC. No.72660 of 2024(2) dt.21-10-2024 2/3 clothes.

4. Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the informant and she has falsely been implicated in this case on the basis of general and omnibus allegation made against her. He further submits that entire family members have been made accused due to marriage discord between the husband and wife. The co-accused i.e. husband of the informant has filed Matrimonial (Divorce) Case No. 494 of 2024 under Section 307(3) of the Mulla Principle of Mohammedan Law on 18.04.2024, and thereafter, the present F.I.R. has been lodged on 03.06.2024 implicating all family members.

5. Regard being had to the submission made by the parties, taking into consideration the fact that entire family members have been made accused in the present case and the petitioner is the old mother-in-law of the informant, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief

Patna High Court CR. MISC. No.72660 of 2024(2) dt.21-10-2024 3/3 Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 310 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T