Jainab Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38202 of 2020 Arising Out of PS. Case No.-217 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Jainab Khatoon W/o Aash Mohammad Resident of Village-Panditpur, P.S.- Pakaridayal, District-East Champaran.

2.

Jafroon Khatoon W/o Isa Mohammad Resident of Village-Panditpur, P.S.- Pakaridayal, District-East Champaran.

3.

Tarannum Khatoon D/o Aash Mohammad Resident of Village-Panditpur, P.S.-Pakaridayal, District-East Champaran.

4.

Aash Mohammad S/o Jainul Miyan Resident of Village-Panditpur, P.S.- Pakaridayal, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Pakaridayal P.S. Case no. 217 of 2019 registered under sections 307, 147, 341, 323, 448 and 504 of the Indian Penal Code to which as per the petitioner, sections 302, 342, 449, 452 and 120B of the Indian Penal Code were added subsequently.

As per allegation in the F.I.R., the accused persons assaulted the informant and when her daughter came to her

Patna High Court CR. MISC. No.38202 of 2020(2) dt.05-02-2021 2/3 rescue, they assaulted her also. It is further stated that the petitioner no. 4 and his son ordered to kill Pooja Kumari whereafter the accused persons started to assault her. On arrival of the neighbours, the accused persons went away but again returned and assaulted Pooja Kumari as a result of which, she died subsequently.

It is submitted by learned counsel for the petitioners that the allegations against the petitioners are general and omnibus in nature. The petitioner nos. 1 to 3 are ladies. They have no criminal antecedent and are in custody since 20.08.2019. It is submitted that the case of the petitioners stand on a similar footing of co-accused Md. Reyaz and Habib Mian @ Md. Habib who have been enlarged on bail, the orders being Annexure-4 series to the petition.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners being in custody since 20.08.2019 and grant of bail to co-accused, this Court is inclined to enlarge the petitioners on bail. The four petitioners are directed to be enlarged on bail in connection with Pakaridayal P.S. Case no. 217 of 2019 on each of them

Patna High Court CR. MISC. No.38202 of 2020(2) dt.05-02-2021 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Chief Judicial Magistrate, Motihari. (Partha Sarthy, J) B.Kr./- U T