Rajibul Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14070 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- KATHAIYA District- Muzaffarpur ====================================================== 1.

Rajibul Nisha, aged about 42 years (Female), W/o Md. Reyazuddin R/o vill - Fateha, P.S. - Kathaiya, Distt. - Muzaffarpur 2.

Mairul Nisha, aged about 65 years (Female), W/o Safi Mohammad R/o vill - Fateha, P.S. - Kathaiya, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For the Informant :

Md. Anis Akhtar, Advocate :

Mr. Rananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Kathaiya P.S. Case No.-171 of 2023 registered for the offence under Sections 147, 148, 149, 341, 323, 447, 504, 506 and 302 of the Indian Penal Code.

3.

As per the prosecution case that on 17.10.2023 petitioner and co-accused came at the door step of the informant armed with lathi, danda and weapons and began to use filthy language and on protest of the informant's mother, all the co-accused and the petitioner dragged her outside and badly assaulted her with lathi and danda and thereafter she died

Patna High Court CR. MISC. No.14070 of 2024(2) dt.04-03-2024 2/2 on the spot.

4.

Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case and the allegation as made in the FIR is of general and omnibus nature. Petitioners have got clean antecedent and they are in custody since 18.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 06.01.2024, it appears that the petitioners are named in the FIR, petitioners are ladies, no specific allegation of overt-act against the petitioners and there is no independent witness of the alleged occurrence, in these circumstances, let the above named petitioners be directed to be released on bail in connection with Kathaiya P.S. Case No.171 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned SDJM (West) Muzaffarpur. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T