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Patna High CourtCR. MISC./34858/2021bail granted

Quresha Khatoon v. The State Of Bihar

2022-03-24Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34858 of 2021 Arising Out of PS. Case No.-327 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Quresha Khatoon W/O Late Md. Waseem, D/O Md. Nijam @ Md. Nizamuddin R/O Village-Kanti Kothiya, P.S-Kanti, District-Muzaffarpur. At Present Village-Damodarpur, P.S- Kanti, District-Muzaffarpur 2.

Md. Noorul S/O Md. Nijam @ Md. Nizamuddin R/O Village-Damodarpur, P.S-Kanti, District-Muzaffarpur.

3.

Baby Khatoon @ Nooraisa Khatoon W/O Md. Khalid R/O MohallaMaripur, Tegiya Road, Madarsha, P.S-Kazimohammadpur, DistrictMuzaffarpur Although Wrongly Mentioned As Vill.-DAMODARPUR, P.SKanti, District-Muzaffarpur. 4.

Md. Nijam @ Md. Nizamuddin S/O Late Md. Sayeed R/O VillageDamodarpur, P.S-Kanti, District-Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in short, is that a U.D. case was lodged regarding suicide of deceased. However, during

Patna High Court CR. MISC. No.34858 of 2021(2) dt.24-03-2022 2/3 investigation, it was surfaced that the petitioners killed the deceased.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. A U.D. case was instituted in respect of the death of the deceased. As per the U.D. case, it was alleged that the deceased had committed suicide. The petitioner no. 1 is wife, petitioner no. 2 is brother-in-law, petitioner no. 3 is jethani and petitioner no. 4 is father-in-law, of the deceased. From perusal of the order of the Sessions Court, it appears that the deceased is said to have committed suicide. The petitioner nos. 1 and 3 are ladies.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,

Patna High Court CR. MISC. No.34858 of 2021(2) dt.24-03-2022 3/3 West, Muzaffarpur in connection with Kanti P.S. Case No. 327 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T