Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12933 of 2012 ====================================================== Rabina Khatoon, wife of Md. Kamal, resident of village- Darsur, P.S.- Warisnagar, District- Samastipur .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks anticipatory bail in a case in which cognizance has been taken for the offence punishable under [STATUTE] and under Section 4 of the Dowry Prohibition Act. The complainant alleges that she was married to Md. Kamal on 10.5.2000 according to Muslim rites and rituals. She went to her sasural and was blessed with two children out of the wedlock. The complaint was filed on 19.11.2008, alleging therein that her husband married the petitioner seven months back and thereafter she was being subjected to cruelty by the husband and in-laws. Admittedly, the petitioner is the second wife of the husband of the complainant. It is submitted that she has fallen victim of the circumstances created by the complainant and Patna High Court Cr.Misc. No.12933 of 2012 (2) dt.29-03-2012 2 her family members. There is no specific allegation alleged against her. If the complainant has any grievance, it is mainly against her husband for which the petitioner cannot be held liable. The petitioner has been made accused with an ulterior motive and her prosecution is an abuse of process of Court. Co-accused Jaitun has already been granted anticipatory bail in Cr. Misc. No. 34452 of 2010. Be that as it may, considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.-10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera (Samastipur) in connection with T.R. No. 1859 of 2010, arising out of C.R. No. 1137 of 2008, subject to the condition as laid down under Section 438 (2) Cr.P.C. as also on the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the Patna High Court Cr.Misc. No.12933 of 2012 (2) dt.29-03-2012 3 court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. P.K./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.