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Patna High CourtCR. MISC./13658/2015bail granted

Noor Jahan Khatoon v. The State Of Bihar

2015-07-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13658 of 2015 Arising Out of PS.Case No. -677 Year- 2014 Thana -ARARIA District- ARRARIA ======================================================

1. Noor Jahan Khatoon wife of Md. Mojib@Guddu Resident of VillageIslam nagar , Bengali,Tola, Ward No. 27, P.s. -Araria, Dist- Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being daughter-in-law of the victim is languishing in custody since 16.02.2015 in a case registered for the offences punishable under section 302/34 of the Indian Penal Code.

It is alleged that mother of the informant was assaulted by the petitioner, her mother Panno Khatoon and her sister Chunniya for dispute with regard to the victim's son going outside without informing her. It is further alleged that the victim was caused burn injury on hand.

It is submitted by learned counsel for the petitioner that for the occurrence dated 24.06.2014, the FIR was registered on 26.06.2014 and the victim died due to accidental fall on the

Patna High Court Cr.Misc. No.13658 of 2015 (3) dt.02-07-2015 2/2 earthen lantern during sleep and the post-mortem reflects only compression on the chest and burn injury on the hand. Moreover, similarly situated accused Panno Khatoon and Chunniya have been granted bail by a Co-ordinate Bench of this court vide Criminal Miscellaneous No. 751 of 2015. Informant has retracted from initial version and filed a petition to that effect before the learned court below.

Considering the fact that the accusation of assault is by means of fists and slaps, causing burn injury on the hand and similarly situated co-accused have been granted bail, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No.677 of 2014.

(Dinesh Kumar Singh, J) Ashwini/- U T