Marcheniya Begum @ Marjina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46971 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -THAKURGANJ District- KISANGANJ ====================================================== Marcheniya Begum @ Marjina Wife of Md. Akhtar, Resident of VillageDangi Gachh, Police Station- Thakurganj, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is first wife of the husband of the injured and is languishing in jail custody since 2.4.2016 in a case registered under Sections 307 and other minor Sections of the Indian Penal Code.

The present case was lodged on 20.4.2016 on the basis of written report given by mother of the victim and in the aforesaid written report, she claimed that petitioner and other accused lit fire on the person of the victim as a result of which victim sustained injury. The statement of the victim was recorded by the I.O. on 22.8.2015, which is evident from perusal of paragraph-41 of the case diary in which she stated that she was

Patna High Court Cr.Misc. No.46971 of 2016 (3) dt.08-12-2016 2/2 confined in a room by her husband as well as petitioner and after that her husband poured kerosene oil on her whereas this petitioner lit fire. The injury report of the injured goes to show that 50% burn injuries were found on her person.

Submission on behalf of the petitioner is that since the petitioner is first wife of the husband of the injured, the injured named the petitioner after four months of the alleged occurrence due to family feud. It is further submitted that, as a matter of fact that injured herself made attempt to commit suicide due to family feud and subsequently, her mother implicated the petitioner and others in this false case.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Kishanganj in connection with S.T. No.198 of 2016 arising out of Thakurganj P.S. Case No.96 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T