Nazmun Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29497 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- MARAUNA District- Supaul ====================================================== 1.

NAZMUN KHATUN Wife of Md. Basir @ Basir Resident of VillageKhushiyali, P.S-Marauna, District-Supaul. 2.

Md. Basir @ Basir, Son of Late Imaman, Resident of Village-Khushiyali, P.S-Marauna, District-Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Marauna P.S. Case No. 35 of 2018 for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the occurrence took place on 16.03.2018 whereas the F.I.R. has been lodged on 13.04.2018 after lapse of 28 days from the date of occurrence which creates doubt over the prosecution

Patna High Court CR. MISC. No.29497 of 2019(2) dt.13-05-2019 2/2 version. The petitioners have falsely been implicated in this case and no specific case is made out against them. Hence, the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioners in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Supaul in connection with Marauna P.S. Case No. 35 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T