Najia Khatoon @ Najma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29777 of 2024 Arising Out of PS. Case No.-32 Year-2017 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Najia Khatoon @ Najma Khatoon Daughter Of Hasmuddin Resident Of Village - Jindopatti, P.S. - Mirganj, District - Gopalganj 2.

Ahmad Shah @ Babu Ahmad Shah Son Of Hasmuddin Resident Of Village - Jindopatti, P.S. - Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer Jha, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Mirganj P.S. Case No. 032 of 2017 registered under Sections 302, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, informant solemnized the marriage of her daughter with co-accused Fahad Raja about ten years ago. It is alleged that for the last some days, the in-laws of informant's daughter were torturing her. On 04.02.2017, informant received information that all the accused persons including these petitioners killed her daughter by strangulating her.

4. Learned counsel appearing on behalf of the petitioners submits that informant is not an eye witness of the case, and

Patna High Court CR. MISC. No.29777 of 2024(4) dt.12-08-2024 2/2 merely on suspicion petitioners have been made accused in this case. Further submission is that petitioners are married Nanad and Devar of the deceased respectively. Petitioners live separately and they have never tortured the deceased. It is next submitted that the police after investigation has submitted final form. Thrust of accusation is against husband of the deceased who is already in custody. Petitioners have got no criminal antecedent.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Mirganj P.S. Case No. 032 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T