The High Court of Patna granted anticipatory bail to Sabra Khatoon in a complaint case alleging offences under Section 498A IPC. The court directed surrender within twelve weeks and submission of bail bonds with sureties.
Released on anticipatory bail conditioned on surrender within twelve weeks and submission of bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.65091 of 2018
Arising Out of PS. Case No.-853 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna
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Sabra Khatoon, W/o Md. Kamaluddin Ansari, Resident of Village- Ajwan, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamlesh Kumar Sharma For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 12-12-2018
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending her arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offence punishable under Section 498A of the Indian Penal Code.
The prosecution case as per the complaint petition lodged by the complainant Maimun Khatoon is to the effect that the marriage of the complainant was performed with Amiruddin Ansari alias Guddu on 30.06.2015 according to Muslim customs but just after the marriage, the husband started making further dowry demand and on non-fulfillment of the same, torture was
Patna High Court Cr.Misc. No.65091 of 2018(2) dt.12-12-2018 2/2
inflicted and thereafter, on 18.08.2016 the complainant was driven out from the matrimonial house.
It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the complainant and petitioner is a lady.
Learned APP submits that the petitioner is named in the complaint and cognizance has been taken against the petitioner also.
Considering the thrust of accusation against the husband of the complainant, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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. 853C of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner is eligible for release on anticipatory bail in a complaint case arising under Section 498A IPC.
Whether the petitioner should be released on bail with condition of surrender within twelve weeks.
1 provisions across 1 enactments
Sabra Khatoon
The State of Bihar
Maimun Khatoon
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
