Maimun Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13571 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================

1. Maimun Khatoon W/o Md. Yunus

2. Jamira Khatoon d/o Md. Yunus

3. Sajmun Khatoon @ Sajmul Khatoon W/o Md. Imteyaz. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioners and learned APP for the State.

The petitioner are languishing in custody since 20.01.2016 in a case registered for the offences punishable under sections 302, 341, 323, 326, 307, 498A/34 of the Indian Penal Code in connection with Bairgania P.S. Case No.42/2015, pending before the learned CJM, Sitamarhi.

Prosecution case is that the petitioners poured kerosene oil on the informant and lit the fire. It is submitted by learned counsel for the petitioners that for the occurrence of 20.03.2015, the post-mortem was done on 11.04.2015. The accusation is omnibus and general. Moreover, the informant has retracted from initial version and has

Patna High Court Cr.Misc. No.13571 of 2016 (3) dt.26-04-2016 2/2 filed a petition to that effect before the learned court below, the same has been brought on record as annexure-3 to the petition. It is submitted by learned APP for the State that the informant has suffered 70% of burn injury and the accusation is specific against these petitioners.

Considering the nature of accusation, this court is not inclined to grant bail to the petitioner at present. Accordingly, the prayer for bail on behalf of the petitioner is rejected.

(Dinesh Kumar Singh, J) Ashwini/- U T