Ruby Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3446 of 2022 Arising Out of PS. Case No.-553 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== 1.

RUBY KHATOON D/o Imamul R/o village- Dallu Tola, P.S.- Forbesganj, Distt.- Araria 2.

Jashemun W/o Imamul R/o village- Dallu Tola, P.S.- Forbesganj, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Forbesganj P.S. Case No.553 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.

As per the prosecution case, the son of the informant Masoom (deceased) eight months ago was married with the Ruby Khatoon, petitioner No.1. On 11.07.2020 the informant came to know that his son has been killed by the FIR named accused persons, including these petitioners. Petitioner No.1 is wife of the deceased and petitioner No.2 is his mother-in-law. It is further stated the wife of the deceased had an affair with the

Patna High Court CR. MISC. No.3446 of 2022(2) dt.31-03-2022 2/3 co-accused, namely, Shohrab, and when the deceased came to know about her affair and opposed, all the accused persons committed his murder.

It is submitted on behalf of the petitioners that there is no eyewitness of the occurrence and the petitioners have been made accused only on suspicion. Petitioner No.1 is wife and petitioner No.2 is mother-in-law. Petitioners claim clean antecedent and are in custody since 10.08.2021 and investigation in this case is complete.

Learned APP for the State has vehemently opposed the bail petition and submitted that petitioners are named in the FIR and there is direct and specific allegation of committing murder of the son of the informant against them. Considering the fact that except suspicion there is no cogent material against these petitioners, let the above named petitioners 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 Forbesganj

Patna High Court CR. MISC. No.3446 of 2022(2) dt.31-03-2022 3/3 P.S. Case No. 553 of 2020.

(Prabhat Kumar Singh, J) BKS/- U T