Farida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78131 of 2024 Arising Out of PS. Case No.-783 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Farida Khatoon Wife of Md. Moin Ansari Resident of Takuri Khurd, PSPaliganj, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nashima Khatoon W/o- Md. Moin Ansari Resident of Thakuri Khurd, P.S.- Paliganj, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No.783(c) of 2016 registered for the offences punishable under Sections 498(a) of Indian Penal Code.

3. As per the prosecution case, petitioner along with her husband used to abuse, assault and torture the complainant. They also snatched all the ornaments of the complainant and kicked her our from her sasural.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.78131 of 2024(4) dt.22-03-2025 2/3 petitioner has falsely been implicated in this case. He further submits that from perusal of the Tracking report dated 18.12.2024, it appears that item has been delivered to the addressee but no one is appearing on behalf of Opposite Party No.2. He next submits that petitioner is the second wife of the complainant's husband and her husband has already granted regular bail as submitted by learned counsel for the petitioner.

5. However, learned APP for the State oppose the prayer for anticipatory bail of the petitioner.

6. On perusal of the complaint case and impugned order dated 22.05.2024, it appears that on the basis of the complaint of the victim, the learned Magistrate took cognizance and issued process under section 204 Cr.P.C. for an offence under Section 498(A) of the Indian Penal Code. It also appears that the petitioner is the second wife of the complainant's husband and her husband has already granted bail as stated by learned counsel for the petitioner and also the fact that petitioner being a lady and she has got no criminal antecedent, so I am inclined to grant anticipatory bail to the above named petitioner, let the above named

Patna High Court CR. MISC. No.78131 of 2024(4) dt.22-03-2025 3/3 petitioner be released on anticipatory bail in the event of her arrest or surrender before the court below within a period of six 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, Danapur in connection with Complaint Case No.783(c) of 2016.

(Ramesh Chand Malviya, J) Harshita/- U T