Najma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85287 of 2019 Arising Out of PS. Case No.-469 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Najma Khatoon W/o Md. Sakil Resident of Village - Baradih, P.S.- Kesariya, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushboo Khatoon W/o Alkama @ Sahwaj, D/o Md. Islam At Present Resident of Village - Rampur Bariya Tola Alipur, P.S.- Kesariya, Distt.- East Champaran.

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the State :

Mr.Md. Anbzarul Haque Sahara, APP For the Informant : Mr. Bal Govind Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2020 Heard both sides through Video Conferencing.

The petitioner apprehends her arrest in Kesariya P.S. Case No.469 of 2019 registered under Sections 498A, 376, 511 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act and Section 4 of Muslim Marriage Protect Act. The informant filed Complaint Case No.2240 of 2019 on the basis of which the present F.I.R. was registered. The informant alleged that she was earlier married with Alkama @ Sahwaj, the son of the petitioner(Najma Khatoon) on payment of Den-Mohar of Rs.25,786/-. Later on, marriage was settled with son of the petitioner and the father of the informant agreed to pay money and other articles but the accused persons

Patna High Court CR. MISC. No.85287 of 2019(3) dt.27-08-2020 2/2 demanded an alto car. It is further alleged that even after solemnisation of marriage, the accused persons subjected her to different sorts of torture.

The learned counsel for the petitioner submits that petitioner is a lady. She is not at all concerned with the family affairs of the informant and her husband. The allegation of demand of money against the petitioner is false. Learned counsel appearing on behalf of the informant submitted that petitioner also demanded money. Taking into consideration the facts that the petitioner is a lady and she is not at all concerned with the family affairs of the husband of the informant, let the petitioner, above named, in the event of her arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesariya P.S. Case No.469 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T