Patna High CourtCR. MISC./43059/2017bail granted

Shahjadi Khatoon And ORS v. The State Of Bihar

2017-09-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43059 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Shahjadi Khatoon, W/o Md. Kamrul Shah.

2. Janisa Khatoon, W/O Md. Jumman Shah.

3. Saida Khatoon. W/O Md. Satar Shah. All residents of village- Narkatiya Bangla Pokhar, P.S.- Tajnagar, District- Mahdhubani. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bimal Kumar, Advocate. For the Opposite Party : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 19.06.2017 in a case for the offence registered under Sections 147, 149, 341, 323, 448, 302 and 504 of the IPC.

The prosecution story, in brief, is that on 06.03.2017 co-accused person Juman Shah and others entered into the courtyard of the informant and Juman Shah abused the informant's husband. On protest, all the accused persons assaulted him by fists, slaps legs and co-accused Juman Shah assaulted with bamboo on the head of the deceased as a result of which, he died. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.43059 of 2017 (2) dt.21-09-2017 2/2 petitioners that the petitioners are in custody since 19.06.2017. The petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to mistake of fact. The main allegation of assault is against Juman Shah.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Madhubani, in connection with Rajnagar P.S. Case No. 43/2017. U.K./- (Sudhir Singh, J) U T