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Patna High CourtCR. MISC./41028/2024allowed

Gulbasa Khatoon @ Gulabsa Khatun @ Gulapsa Khatun v. The State Of Bihar

2024-06-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41028 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

Gulbasa Khatoon @ Gulabsa Khatun @ Gulapsa Khatun W/O MD. SHAMSHAD ALAM R/V- Mohani, P.S.- BIKRAMGANJ, DIST- ROHTAS 2.

Bismillah Khan S/O Ayub Khan R/V - Kulti, Dist- Durgapur(Wb) At Present- Furniture Shop, South Of Dumraon Railway Station, Near Hi-Tech Hospital, P.S.- Dumraon, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No. 131 of 2023 instituted under Sections 302, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the son of the informant had gone to his sasural where he died. It is further alleged that the petitioners along with the other coaccused persons who are in-laws of the deceased committed murder of the son of the informant.

4. Learned counsel for the petitioners submits that petitioner no.1 is the wife of the deceased and petitioner no.2 is the brother-in-law of the deceased who are innocent and have falsely been implicated in this case. There is no specific overt

Patna High Court CR. MISC. No.41028 of 2024(2) dt.21-06-2024 2/2 act made against the petitioners. Only on the basis of suspicion, the petitioners have been named in the FIR. It is further stated that on the date of occurrence the deceased consumed alcoholic drink and due to some complications he died and his cremation was done in the presence of family members and villagers. The petitioners are ready to co-operate in the investigation and the trial. The petitioners has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M., Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 131 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) shivam/- U