Najra Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20480 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

NAJRA KHATOON Wife of Nabi Rasul Miya Resident of Village - Barhmain, P.S.- Uchakagaon, District - Gopalganj. 2.

Noorjaha Khatoon @ noorjaha Wife of Doma Miya Resident of Village - Barhmain, P.S.- Uchakagaon, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 24.11.2018 in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Mohan Miyan submitted before the Station House Officer, Uchakagaon Police Station is to the effect the grand-son of the informant was missing since 08.05.2017 at 2.00 P.M. Though the informant made hectic search, but his grand-son could not be traced. Subsequently, at 4.00 P.M., one child from his neighborhood came and conveyed the informant

Patna High Court CR. MISC. No.20480 of 2019(2) dt.04-04-2019 2/3 that his grand-son is lying dead near the husk. After having received such information, the informant went there and found his son's dead body, leading to registration of FIR against unknown. Subsequently, the name of the petitioners are sprang up during investigation.

It is submitted by learned counsel for the petitioners that the petitioners are not named in the FIR, but only on the basis of suspicion, they have been roped in the present case. In fact, the informant happens to be the cousin father-in-law of petitioner no.1, while petitioner no.2 is the wife of elder son of the informant and in the background of family dispute the accusation has been levelled against the petitioners. Learned APP for the State submits that the name of the petitioners sprang up during investigation and the petitioners have been charge-sheeted.

Considering the suspicious nature of accusation and the investigation already being concluded coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM,

Patna High Court CR. MISC. No.20480 of 2019(2) dt.04-04-2019 3/3 Gopalganj in connection with Uchkagaon P.S. Case No.73 of 2017.

(Dinesh Kumar Singh, J) Ashwini/- U T