Bibi Rahmati And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.50884 of 2017 (3) dt.20-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50884 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================
1. Bibi Rahmati, W/o Amin
2. Amin, S/o Late Tairu, Both residents of Village Kursail, P.S. Mahalgaon, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the Opposite Party/s : Mr. Sri Ajay Kumar -2, APP For the O.P Mr. Mukesh Kr. Rana, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with S.T. No. 295 of 2017 arising out of Jokihat (Mahalgaon) P.S. Case No. 117 of 2017 registered under Sections 341, 304(B), 201, 120(B) of the Indian Penal Code.
Marriage of the son of the petitioners is said to have been solemnized with the deceased by the Panchyat forcibly as their son had allegedly committed rape against the deceased and due to aforesaid grudge, the petitioner along with other accused persons, named in the F.I.R., are said to have committed murder of the deceased and dumped her dead body on the heap of the wheat. It has been submitted by the learned counsel for the petitioners that petitioners are mother-in-law and father-in-law of the deceased respectively. They have no concern with the
Patna High Court Cr.Misc. No.50884 of 2017 (3) dt.20-12-2017 aforesaid offence. There is general and omnibus allegation against them and there is no eye witness of the aforesaid offence. Petitioners have been languishing in custody since 12.04.2017 and 15.05.2017 respectively.
On the other hand, learned APP for the State as well as learned counsel for the informant have submitted that petitioners are involved in committing the murder of the deceased as the marriage of their son was performed against their will. Witness has also supported the offence in para-9 of the case diary by stating that petitioners were seen proceeding towards the place of occurrence and after two days, dead body of the deceased was recovered from the heap of wheat.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged 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 Additional Sessions Judge, III, Araria in connection with S.T. No. 295 of 2017 arising out of Jokihat (Mahalgaon) P.S. Case No. 117 of 2017.
(Prakash Chandra Jaiswal, J) sushma/- U T