Amna Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35170 of 2015 Arising Out of PS.Case No. -39 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Amna Khatoon W/o Late Md. Lajmuddin, resident of village - Khaknka Tola Birpur, P.S. - Bahadurganj, District - Kishanganj. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Diwakar Sinha, Advocate. For the Opposite Party : Mr. Madhura Nand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-08-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.
In this application for anticipatory bail the petitioner apprehends her arrest for the offences punishable under sections 302, 201, 34 of the I.P.C.
Allegedly, the daughter of the informant was married with son of the petitioner and she was done to death by her husband, petitioner (mother-in-law), Nanad and others and the dead body was hanged on the mango tree.
Submission is of false implication and that the petitioner and others have been named only on suspicion. There is no eye witness to the alleged occurrence and that husband of the deceased has faced trial vide Sessions Trial No. 703 of 2014 and
Patna High Court Cr.Misc. No.35170 of 2015 (2) dt.27-08-2015 2/2 he has been acquitted by judgment dated 16.02.2015 as the prosecution has failed to prove charges. Against the petitioner there is no specific allegation and she being an old lady deserves sympathetic consideration, to which the learned A.P.P. fairly submits that the husband of the deceased has been acquitted in the trial.
In the facts and circumstances as stated above, the petitioner in case of her arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Kishanganj in Bahadurganj P.S. Case No. 39 of 2014, subject to the conditions as laid down in section 438
(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T