Nazbun Nisha @ Majmun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13033 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Nazbun Nisha @ Majmun Nisha Wife Of Md. Vahid Ansari @ Abdul Wahid R/O Village - Rasulpur, P.S.- Motipur, District - Muzaffarpur 2.

Gulnaj Khatun @ Gulnaj Begum Daughter Of Mahmud Alam W/O Md. Naushad Alam, R/O Village - Rasulpur, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Manoj For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. Petitioners are said to have committed murder of the daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is mother-in-law and petitioner no. 2 is Jethani of the deceased. He submits that there is no specific overt act against the petitioners. He submits that the petitioners are not involved in alleged killing of victim

Patna High Court CR. MISC. No.13033 of 2023(5) dt.18-07-2023 2/2 but she has committed suicide due to depression. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the postmortem report has supported the prosecution case.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Motipur P.S. Case No. 196 of 2022.

7. However, if the petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T