Momina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1770 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- MANIHARI District- Katihar ====================================================== Momina Khatoon, Wife of Late Jalal R/O - Piper Talla, Baulia, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsels for the petitioner and the State.

The petitioner, being the mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the IPC. The prosecution case, as per the written report of Shamina Khatoon, dated 01.03.2019 submitted to the Station House Officer, Maniyari Police Station, is to the effect that the daughter of the informant, namely Rahima Khatoon was married with the son of the petitioner, Anwarul Haque ten years prior to the lodging of the FIR. On 01.08.2019, the husband of the victim informed the informant that her daughter, Rahima Khatoon has committed suicide.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.1770 of 2020(2) dt.28-02-2020 2/2 accusation against the petitioner is omnibus and general. Thrust of accusation is against the husband of the victim, who is in custody and the petitioner is an old widow lady aged about 70 years.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the thrust of accusation against the husband of the victim, accusation against the petitioner being omnibus and general and the petitioner being an old widow lady, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Katihar in connection with Manihari P.S. Case No. 320 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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