Choti Parveen @ Ruksana Khatoon @ Roksana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13545 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Choti Parveen @ Ruksana Khatoon @ Roksana Wife of Md. Abbas R/VAakopur Nagwa Tadpar, P.S- Phulwarisharif (janipur) Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmi Kant Sharma For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 342, 120(B)/34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, on the alleged date and time of occurrence, the son of informant namely, Md. Asgar (deceased) left the home for market and when he reached near the house of Md. Isa, petitioner along with co-accused persons namely, Md. Chand and Md. Feroz caught hold him and thereafter co-accused Md. Raja fired upon him and thereafter all of them fled away. It is further alleged that petitioner and Tannu Praveen, who happens to be mother and sister of the accused
Patna High Court CR. MISC. No.13545 of 2023(2) dt.23-06-2023 2/2 persons provoked the accused persons to kill the son of informant.
It is submitted that no specific overt act has been alleged against this petitioner. The only allegation against this petitioner is that she instigated the accused persons to kill the son of informant. Petitioner is mother of Md. Raja. Petitioner is a lady and claims clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 180 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T