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Patna High CourtCR. MISC./7550/2017disposed

Shamsana Khatoon And ORS v. The State Of Bihar

2017-02-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7550 of 2017 Arising Out of PS.Case No. -43 Year- 2014 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Shamsana Khatoon wife of Md. Sakeel

2. Afsana Khatoon daughter of Md. Sultan

3. Goori Khatoon @ Gauri Khatoon daughter of late Md. Islam, All are resident of village-Laddogama, P.S. Benipatti, Distt. Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mazharul Hassan, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 302, 201, 34 and 120B of the Indian Penal Code.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that they are ladies and they are not directly related with the family affairs of the husband of the deceased. One accused person has already been acquitted after trial. It has also been submitted that as they are illiterates, they could not understand the seriousness of appearing before the court and, as such, they have not appeared. Heard learned A.P.P. also.

Considering the aforesaid submissions of the learned

Patna High Court Cr.Misc. No.7550 of 2017 (2) dt.23-02-2017 2/2 counsel for the petitioners, I am not inclined to grant anticipatory bail to the petitioners, the same is rejected. However, petitioners are directed to surrender in the court below, i.e., learned Addl. Sessions Judge-V, Madhubani, in connection with S.T. no. 234 of 2014 arising out of Benipatti P. S Case no. 43 of 2014 and make prayer for regular bail which will be considered in view of the fact that one co-accused has been acquitted and he will pass an appropriate order without being prejudiced by the order of this Court.

The present application stands disposed of.

(Vinod Kumar Sinha, J) sudip/- U T