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Patna High CourtCR. MISC./34930/2017bail granted

Bano Khatoon v. The State Of Bihar

2017-08-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34930 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Bano Khatoon W/o Md. Nesar Ahmad @ Md. Nesar Ahmad, R/o Mohalla/Village- Ranchi Azad Basti, P.S.- Lower Bazar, District- Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.

The petitioner apprehends her arrest in Barbigha P.S. case No. 100 of 2017 for the offences punishable under Section 306, 376/34 of the Indian Penal Code.

The informant alleged that she was having love affair with Md. Nawab for last two and half years. The parents of Md. Nawab were also ready to marry Md. Nawab with the informant. The informant further alleged that a week ago Md. Nawab refused to marry with informant and petitioner, being mother of Md. Nawab, asked him not to marry. It is further alleged that informant set herself ablaze.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.34930 of 2017 (2) dt.11-08-2017 2/2 petitioner is mother of Md. Nawab. She never asked her son not to marry with the victim. The petitioner has no manner of concern with the affairs of the victim and her son. The victim herself set ablaze and died during the course of treatment. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner is mother of Md. Nawab , the petitioner above named in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheikhpura in connection with Barbigha P.S. case No. 100 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T