Abida Alam @ Abida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83866 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- AMAS District- Gaya ====================================================== Abida Alam @ Abida Khatoon Wife Of Noor Alam R/O Mohalla - Flat No. 305, Block A, Rabindra Nagar Complex, 88 College Road, Shalimar, P.S. - B. Garden, Distt. - Howrah, W.B ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nikhat Yasmin Wife of Sarfaraz Alam, D/o Late Mustaque Ahmad R/o vill - Sarf Colony, Hamzapur, P.S. - Amas, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Pd. Singh No. 1 Mr. Arbind Kumar Srivastava Mr. Tabish Sharfuddin For the State :

Mr. Narendra Kumar Singh For the Informant :

Mr. Abdul Manan Khan Mr. Avinava Kumar Mr. Hafiz Shahbaz Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 307, 313 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no

Patna High Court CR. MISC. No.83866 of 2023(2) dt.10-01-2024 2/2 specific overt act against the petitioner. He further submits that there is specific allegation against husband of the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of the case, arguments of the parties and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 connection with Amas P.S. Case No. 225 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T