Sharifan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3940 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Sharifan Khatoon, Wife of Alauddin, R/o - Village- Chawanni Bahilbara, P.S - Saraiya, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Alok Kumar Alok, Advocate For the Opposite Party : Mr. Anil Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner, learned counsel for the informant and also learned counsel representing the State.

The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 165 of 2016, registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Allegedly, Afsanas Khatoon (daughter of the informant) was married to Md. Sherajuddin the son of the petitioner about 13-14 years ago and out of wedlock there are three sons and one daughter, the son-in-law died in road accident and for that compensation amount was paid to the daughter of the informant and that amount was demanded by the petitioner and other and due to non-fulfillment she was strangulated to death. Submission is of false implication and that the husband

Patna High Court Cr.Misc. No.3940 of 2017 (4) dt.03-04-2017 2/2 of the petitioner is already in custody, there is no specific allegation against the petitioner, the petitioner has been falsely implicated in this case, she has got no concern with the occurrence. As a matter of fact, the deceased committed suicide due to the reason best known to her and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that petitioner, her husband and others killed the deceased and during post mortem examination the cause of death has been found due to asphyxia as a result of strangulation by pressure over neck by hard and blunt object, as such, medical evidence also supports the prosecution version. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to her and accordingly her such prayer stands rejected in connection with Saraiya P.S. Case No. 165 of 2016, pending in the Court of learned S.D.J.M. (West) Muzaffarpur.

(Jitendra Mohan Sharma, J.) Rajiv/- U T