Manju Khatoon @ Yunaja Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7871 of 2019 Arising Out of PS. Case No.-361 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Manju Khatoon @ Yunaja Khatoon W/o Md. Rustom village-Salimpur, Nurpur, P.S-Barauni, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.N.P. Sinha, Sr. Adv.
Mr.Jitendra Narain Sinha, Adv.
For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2019 This application, for grant of anticipatory bail, arises out of Barauni Refinery P.S. Case No. 361 of 2018, disclosing offences under Sections 341, 323, 304/34 of the Indian Penal Code.
Allegation as per F.I.R. is that son of informant was assaulted by sons of petitioner by brick bats and stones causing injury to him and died during his treatment and it is further alleged that petitioner was present there but she did not intervened in the matter.
Submission of learned counsel for the petitioner is that she has falsely been implicated in this case and except the allegation that she was present there but did not intervene in the matter, there is absolutely nothing against her.
Patna High Court CR. MISC. No.7871 of 2019(4) dt.26-04-2019 2/2 Learned counsel for the State as well as informant opposed the prayer for bail and submitted that postmortem report revealed that the deceased died due to twisting of the neck and the same cannot be done by children without the helf of a person.
Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni Refinery P.S. Case No. 361 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T