The Patna High Court granted interim bail to the petitioner, naming her as Gotni of the informant in a dowry case. She was directed to surrender within four weeks on a Rs. 10,000 bond with conditions.
Granted security on Rs. 10,000 bond with conditions requiring surrender within four weeks; trial court to cancel bail on default of appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53140 of 2015
Arising Out of PS.Case No. -22 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ====================================================== Nikhat Praween, W/o Md. Hassan Resident of Mohalla- Islam Nagar, Ward No.27, P.S.- Araria, District- Araria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 01-02-2016 Heard Mr. Vikramdeo Singh counsel for the petitioner and Mr. Raj Ballabh Singh, APP for the State. The petitioner seeks anticipatory bail in Araria Mahila P.S. Case No. 22 of 2015 registered under sections 498A, 379 and 307/34 IPC.
The petitioner is a lady who is the Gotni of the informant . The allegation is that the petitioner with her husband demanded dowry; although the informant was married several years ago and the wedlock produced two siblings. On one occasion, the husband of the petitioner caught the informant in Aangan and assaulted her.
It is submitted that the petitioner has been named only to put pressure on her husband for certain property of the family.
Patna High Court Cr.Misc. No.53140 of 2015 (3) dt.01-02-2016
2/2
There is no allegation of causing injury to the informant attributed to the petitioner. The allegation in this regard has been levelled to the husband of the petitioner.
Considering the submissions made by the parties as also the fact that the allegation of causing injury to the informant is not attributed to the petitioner above named, she, in the event of arrest/surrender within four weeks from today, shall released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction CJM, Araria in Araria Mahila P.S. Case No. 22 of 2015 on conditions that one of the bailors of the petitioner shall be her own/close family member. She shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall be at liberty to cancel her bail bonds.
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the facts and circumstances of the case.
2 provisions across 2 enactments
Nikhat Praween
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
