Rubi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29707 of 2023 Arising Out of PS. Case No.-382 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== RUBI KHATOON Wife of Hasmuddin Resident of village-Bankat Mushahari, Ward No. 2, Police Station Majhauliya, District West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the parties.

Photo-copy of the judgment of the Sessions Trial No. 434/2021 produced by the learned counsel for the petitioner in the Court today.

Let it be kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, petitioner along with Hasmuddin Miyan and other named accused persons have committed murder of informant's grand-daughter, namely, Rubana Khatoon.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.29707 of 2023(2) dt.13-07-2023 2/2 He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that some of the coaccused persons were apprehended by the police and trial was also conducted in the learned Court below in Sessions Trial No. 434/2021 in which they were acquitted by the learned Court below. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Majhauliya P.S. Case No.382/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T