Kabira Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41051 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.
KABIRA KHATOON WIFE OF SK. RAJOO RESIDENT OF VILLAGE SARATHA, PS- DHAKA, DISTRICT- EAST CHAMPARAN 2.
SAHIN KHATOON WIFE OF SK. BARKTULLAH RESIDENT OF VILLAGE- SARATHA, PS- DHAKA, DISTRICT- EAST CHAMPARAN 3.
SALEYA KHATOON WIFE OF SK. SAINULLAH RESIDENT OF VILLAGE- SARATHA, PS- DHAKA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and all are women.
4. The informant alleges that on account of scuffle between the children, the informant's mother-in-law went to the house of Sheikh Rajoo to complain, when it is alleged that five
Patna High Court CR. MISC. No.41051 of 2023(2) dt.04-08-2023 2/3 named accused persons including the petitioners dashed her on the ground and thereafter on orders of Sheikh Aliyas, Rajoo pressed her neck with his leg on account of which she became unconscious and thereafter she died on way to hospital.
5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of committing any overt act is alleged against the petitioners who are women, it is next submitted being related to Sheikh Aliyas and Rajoo they have been implicated.
6. Learned A.P.P. for the State along with learned counsel for the informant vehemently opposes the prayer for anticipatory bail of the petitioners and learned counsel for the informant submits that on a very trivial dispute, the occurrence is alleged to have taken place and the petitioners were also involved in the occurrence, but is not able to rebut the submissions of the learned counsel for the petitioners that Rajoo is alleged to have committed the occurrence of strangulating the deceased.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.41051 of 2023(2) dt.04-08-2023 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhaka P.S. Case No. 76 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T