Patna High CourtCR. MISC./49923/2018bail granted

Gulshan Nisha v. The State Of Bihar

2018-08-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49923 of 2018 Arising Out of PS. Case No.-549 Year-2016 Thana- KHAZANIHAT District- Purnia ====================================================== Gulshan Nisha W/o Abdul Motalib, R/o Vill.- Line Bazar, P.S.- K. Hat (Sahayak), District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in K. Hat (Sahayak)P.S. Case No. 549 of 2016 registered for the offence punishable under Sections 323, 341, 313, 376, 504, 506/34 of the Indian Penal Code.

Informant is the Daughter-in-Law of petitioner, who in her written complaint lodged before the Officer-in-Charge of K. Hat (Sahayak) Police Station, has alleged that her Father-inLaw committed rape on her and when complaint was made to other family members including the petitioner, she was abused and assaulted and thereafter when she was in her pregnancy stage of three months all the accused got her aborted. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.49923 of 2018(2) dt.18-08-2018 2/2 she is innocent and has been falsely implicated in this case. She has no criminal antecedent and due to matrimonial discord between her Son and Daughter-in-Law, she has been falsely implicated in this case. The incident is of 04.04.2015 and FIR was lodged on 25.11.2016. Petitioner is in custody since 25.11.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Sahayak) P.S. Case No. 549 of 2016.

(S. Kumar, J) ranjan/- U