Ameena Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37484 of 2020 Arising Out of PS. Case No.-180 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.
AMEENA KHATOON W/o Md. Sabbir Safi @ Md. Shabir Safi 2.
Md. Shabir Safi @ Md. Sabbir Safi S/o Late Abdul Rahman Safi Both are R/o Village- Belha Musahari, P.S.- Babubarhi, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav For the State :
Mr. Umashanand Pandit, APP For the Informant :
Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody since 26.09.2020 in connection with Babubarhi P.S. Case No. 180/2020 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
As per the prosecution case, daughter of the informant was married with co-accused Md. Jamil Safi, son of these petitioners, three years prior to the date of occurrence. It is further alleged that after marriage, they started demanding cash of rupees five lakhs, washing machine and laptop etc. and due to non-fulfillment of the same, all the accused persons including these petitioners have killed the daughter of the informant by
Patna High Court CR. MISC. No.37484 of 2020(2) dt.02-02-2021 2/3 pressing her neck.
It is submitted on behalf of the petitioners that petitioner No. 1 is mother-in-law whereas petitioner No. 2 is father-in-law of the deceased. It is further submitted that there is general and omnibus allegation against these petitioners and due to some family feud between husband and wife, the deceased committed suicide. Husband of the deceased has already been taken into custody. It is next submitted that petitioners are separate in mess and business and has got no concern with the affairs of husband and wife (deceased). Petitioners have no criminal antecedents and they are in custody since 26.09.2020.
Considering the aforesaid facts and circumstances, the bail petition of the petitioners is allowed. Let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ACJM-III, Madhubani, in connection with Babubarhi P.S. Case No. 180/2020, subject to following conditions:-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on their absence on two consecutive dates
Patna High Court CR. MISC. No.37484 of 2020(2) dt.02-02-2021 3/3 without sufficient reason, their bail-bonds shall be cancelled by the Court below.
(2) If the petitioners tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T