Khushbon Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52879 of 2018 Arising Out of PS. Case No.-338 Year-2017 Thana- HUSSAINGANJ District- Siwan ======================================================
1. Khushbon Khatoon, wife of Munna Miya @ Khurshid Ahamad,
2. Humara Khatoon @ Aisha Khatoon, D/o Late Gahawar Hussain, Both resident of Village- Chhoti Baghauni, P.S. Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ramadhar Shekhar, Advocate For the State :
Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 302, 120B/34 of the Indian Penal Code.
The prosecution case, in short, is that on 27.11.2017 at 5 A.M. the informant's son Hasarat Ali @ Chottey Ali proceeded for ticket to convey the informant to Kolkata for her treatment and about 11 A.M. she heard that her son has been killed and she along with her daughter went there and identified the dead body of her son.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.52879 of 2018(2) dt.17-09-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are alleged to have threatened that the deceased will be done to death. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioners in the present case. The petitioners have been made accused due to previous enmity.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. case No.338 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T