Kamrun Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13927 of 2024 Arising Out of PS. Case No.-591 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.
KAMRUN KHATUN W/O MASTAN @ MD. MASTAN R/O VILLAGERAJPUR, WARD NO. 12, P.S- MADHEPURA, DISTT.- MADHEPURA. 2.
JAYDA KHATUN D/O MASTAN @ MD. MASTAN R/O VILLAGERAJPUR, WARD NO. 12, P.S- MADHEPURA, DISTT.- MADHEPURA. 3.
WARIDA KHATUN @ WAHIDA KHATOON D/O MASTAN @ MD. MASTAN R/O VILLAGE- RAJPUR, WARD NO. 12, P.S- MADHEPURA, DISTT.- MADHEPURA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad, Advocate.
For the Opposite Party/s :
Mr.Abhay Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Uday Chand Prasad, learned counsel appearing on behalf of the petitioners and Mr. Abhay Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Madhepura P.S. Case No. 591 of 2021 registered for the offence punishable under Sections 341, 342, 323, 302 and 504/34 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., the accused persons including the petitioners with an intention to kill the husband of the informant brutally assaulted him and in course of treatment, the husband of the informant died.
Patna High Court CR. MISC. No.13927 of 2024(2) dt.12-03-2024 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have been implicated in a false case. The petitioners are female and members of same family and they cannot be held responsible for commission of the offence. The allegation levelled against the petitioners are general and omnibus and specific allegation of assault is against other co-accused.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against the petitioners, the petitioners, above named, who are female and members of the same family, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura in connection with Madhepura P.S. Case No. 591 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in
Patna High Court CR. MISC. No.13927 of 2024(2) dt.12-03-2024 3/3 Para-3 of the bail petition, this order will automatically lose its force.
(Purnendu Singh, J) mantreshwar/- U T