Jaitun Bibi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34935 of 2016 Arising Out of PS.Case No. -511 Year- 2014 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Jaitun Bibi, W/o Md. Rashid Sah

2. Mairun Bibi, W/o Bhola Sah

3. Jaharut Khatoon @ Jaharul Khatoon, D/o Md. Rashid Sah All are R/o Village- Harchanda, P.S.- Kanti Panapur, O.P., District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Kanti P.S. Case No. 511 of 2014 registered for the offence punishable under Sections 363, 364 and 365 of the Indian Penal Code.

The prosecution case, in brief, is that on 19.05.2012, informant got his daughter Rubi Khatoon married with Md. Azmat. After marriage daughter of the informant was blessed with a son. Informant used to go to meet his daughter, but he was not allowed to meet her on one pretext or the other, as such, informant has suspicion that his daughter and grandson (Nati) have been killed.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.34935 of 2016 (2) dt.07-09-2016 2/2 the petitioners that there is case and counter case between the parties and petitioner no.1 has also lodged a complaint case, which was instituted as Kanti P.S. Case No. 531 of 2015 alleging against the informant's side that they have kidnapped and murdered her son, daughter-in-law and grandson. There is allegation based on suspicion of abduction of both son and daughter of each side. It has further been submitted that petitioner no.1 is an old lady of 70 years and there is no eye-witness to the occurrence. However, learned A.P.P. for the State submits that petitioners are named in the First Information Report, hence, opposes the prayer for bail.

In the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kanti P.S. Case No. 511 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J.) Arjun/- U T