Nujhat Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39050 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- BANKA District- Banka ====================================================== Nujhat Khatoon W/O Md. Ibrahim @ Md. Ibrahim Ansari R/O VillageAliganj, P.S.- Banka, District- Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, petitioner along with her husband committed murder of the wife of the informant, namely, Farzana Khatoon and thereafter, hanged her dead body on the ceiling hook through saree. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.39050 of 2022(3) dt.13-02-2023 2/3 falsely been implicated in the present case. It is also submitted that son of the informant had lodged an F.I.R. against his father (informant), his mother ie. the deceased and the petitioner on the allegation that his father wanted to give the house to their son-in-law and daughter. Petitioner is daughter of the deceased and she cannot even think to commit such crime. Petitioner was not present on alleged date and place of occurrence. Moreover, the petitioner is languishing in judicial custody since 14.03.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person has been granted Bail vide order dated 08.12.2022 passed in Cr. Misc. No. 39931 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.39050 of 2022(3) dt.13-02-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Banka P.S. Case No. 151 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka.

(Sunil Kumar Panwar, J) nirajkrs/- U T