Shamim Bee vs The State Of Madhya Pradesh
2023 Latest Caselaw 18549 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 3 rd OF NOVEMBER, 2023
                                         MISC. CRIMINAL CASE No. 47035 of 2023

                          BETWEEN:-
                          1.    SHAMIM BEE W/O IMRAN SHAH, AGED ABOUT 34
                                YEARS, OCCUPATION: HOUSE WIFE, R/O FAKIR
                                MOHALLA,    AKHARIPURA,   JAORA    DISTT.
                                RATLAM (MADHYA PRADESH)

                          2.    REHANA BEE W/O MEHMOOD SHAH, AGED
                                ABOUT 29 YEARS, OCCUPATION: HOUSEWIFE, R/O
                                FAKIR MOHALLA AKHARIPURA JAORA DIST.
                                RATLAM (MADHYA PRADESH)

                                                                                            .....APPLICANT
                          (BY SHRI CHANDRA PRAKASH PUROHIT - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION JAORA SAHAR,
                          DISTT. RATLAM (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (SHRI AMIT RAWAL - GOVT. ADVOCATE FOR THE RESPONDENT/STATE;
                          AND
                          SHRI MOHAMMAD IKRAM ANSARI AND SHRI HARISH CHANDRA
                          TRIPATHI - ADVOCATES FOR OBJECTOR)

                                This application coming on for admission this day, the court passed the
                          following:
                                                              ORDER

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.413/2023 registered at Police Station Jaora Sahar, District Ratlam (M.P.) for the offence under Section 304-B and 34 of Indian Penal Code, 1860. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/4/2023 10:53:13 AM

2. After arguing for some time, learned counsel for the applicant prays for withdrawal of the present anticipatory bail application with liberty to surrender before the Investigating Officer.

3. Accordingly, the first anticipatory bail application preferred under Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.

4. The concerning police authorities are directed to ensure the necessary compliance of judgment dated 31/07/2023 passed by Hon'ble the Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Another) arising out of SLP (Crl.) No.3433 of 2023 regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/4/2023 10:53:13 AM