Patna High Court
Shamima Khatoon @ Samma Praveen vs The State Of Bihar on 25 March, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46422 of 2024
Arising Out of PS. Case No.-100 Year-2017 Thana- MAHILA P.S. District- Madhubani
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Shamima Khatoon @ Samma Praveen Daughter Of Basir Resident Of Village
- Rahmanganj, P.S. - Phulparas, District - Madhubani, At Present Wife Of
Shan Ahmad, Resident Of Raghunathpur, Ward No.-6, P.S. - Mandhuliya,
District - West Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rafat Praveen Wife Of Md. Tabrej Resident Of Village - Rahmanganj, P.S. -
Phulparas, District - Madhubani, Presently Residing At Simbara, P.S. -
Bhairav Asthan, District - Madhubani
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Bharti,Adv.
For the Opposite Party/s : Mr. Md. Ataur Rahman, Adv.
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 25-03-2025
Heard the parties.
2. That this quashing application is being preferred
for quashing the order dated 16.02.2024 as passed in ABP
No. 541 of 2018 by learned Sessions Judge, Madhubani,
whereby and under the learned court below allowed the
extension petition filed by the petitioner on dated
07.02.2024
, where petitioner was directed to surrender
before the court below within two weeks from the date of
receipt of copy of this order subject to the condition of deposit
of Rs. 1000/- by the petitioner with DLSA, Madhubani with
Patna High Court CR. MISC. No.46422 of 2024 dt.25-03-2025
following conditions:-
(i) Bail bonds shall be accepted after framing of
charge.
(ii) The petitioner shall co-operate with the trial and
shall appear on each and every date before the Trial court and
failure to do so for two consecutive dates without plausible
reason will entail cancellation of his bail bond by the Trial
Court.
3. It appears out of submission of learned counsels
appearing for the parties that after getting bail in the year
2018 through ABP No. 541 of 2018 dated 27.06.2018, the
petitioner failed to surrender before the Court below and
repeatedly filed one or another petition for extension of time
period for her surrender and so she also approached to this
Court through Cr. Misc. No. 51826 of 2023, which was
withdrawn by petitioner vide order dated 13.10.2023.
4. It appears out of submission of learned counsel
appearing for O.P. No. 2 that the petitioner concealed
aforesaid order of this Court, before the learned trial court.
5. Taking note of aforesaid conduct of petitioner,
Patna High Court CR. MISC. No.46422 of 2024 dt.25-03-2025
where she deliberately appears to delay her surrender before
learned trial court since last seven years, there is no occasion
to interfere with impugned order dated 16.02.2024 as passed
by learned Sessions Judge, Madhubani in ABP No. 541 of
2018. Accordingly, present quashing petition stands
dismissed.
6. Learned trial court may take appropriate steps as
to secure the presence of petitioner/accused before the
learned court below in accordance with law.
7. Let a copy of this order be sent to the learned
trial court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.03.2025
Transmission Date 25.03.2025
