Mariyam Khatoon @ Mariyam Naz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18494 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- JALE District- Darbhanga ====================================================== Mariyam Khatoon @ Mariyam Naz Daughter Of Mansoor Alam @ Bhuku Baba Resident Of Mohalla - Jale South, P.S. - Jale, Distt. - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Kumar Jha For the Informant Mr. Mahtab Alam For the State :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 306, 302, 201 and 34 of the Indian Penal Code.

As per FIR, the sister of the informant has committed suicide by hanging herself. The informant suspected that his sister has been killed by the petitioner along with other accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the FIR has been lodged after 135 days of the alleged occurrence and the informant in first complaint has also made allegation against the police personnel of Jelley police station. He submits that in the first complaint the

Patna High Court CR. MISC. No.18494 of 2023(3) dt.06-07-2023 2/2 informant stated that the deceased committed suicide but his another statement is completely changed. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the petitioner is named in the FIR and there is direct allegation of committing murder of the sister of the informant. Considering the facts and circumstances of the case and the fact that the deceased herself committed suicide which is clear from the suicide note, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jalley P.S. Case No. 106 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T