Rehana Khatoon @ Nazma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10518 of 2020 Arising Out of PS. Case No.-410 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

REHANA KHATOON @ NAZMA KHATOON, Gender- Female, age 30 years, W/o Guddu Ansari @ Khalilullah.

2.

Washir Miya @ Washir Ahmad @ Basir Ahmad, Gender- Male, aged about 72 years, Son of Late Ishardin Mian.

Both resident of Village - Mathia Hata, P.O.- Mateya, P.S.- Kahaikote, Distt.- Gopalganj.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shafiur Rahman For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Kuchaikote P.S. Case No. 410 of 2019, registered for the offence under Sections 302, 120(B0/34 of the Indian Penal Code and under Section 27 of the Arms Act. As per the F.I.R., a litigation was going on between the parties. Prior to the alleged incident, the accused persons came to the house of the informant and proposed to give Rs.5 lakh and 5 Katha land for withdrawal of the case but, the father of the informant has refused the said proposal. Thereafter, the accused persons hatched a conspiracy and committed murder of

Patna High Court CR. MISC. No.10518 of 2020(2) dt.03-03-2020 2/3 the father of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged in the F.I.R., inasmuch, the entire family members have been implicated in this case by the informant side only to settle the personal score.

Considering the fact that no specific allegation has been made against petitioner no.1 and she is a lady, let the petitioner no.1, above-named, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VII, Gopalganj, in connection with Kuchaikote P.S. Case no.410 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.1 for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

Patna High Court CR. MISC. No.10518 of 2020(2) dt.03-03-2020 3/3 So far the bail of petitioner no.2 is concerned, specific allegation has been made against him to have fired upon the informant, hence, the prayer for bail on behalf of petitioner no.2 is rejected.

(Shivaji Pandey, J) pawan/- U T