Rahima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51979 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- DARPA District- East Champaran ====================================================== 1.

RAHIMA KHATOON D/o Shabir Mian Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

2.

Shabir Mian Son of Nekmahammad Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

3.

Amamul Haque Son of Shabir Mian Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

4.

Sahabul Haque Son of Shabir Mian Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

5.

Akramul Haque Son of Shabir Mian Resident of Village- Pipra, P.S.- Darpa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 302, 201/34 of the Indian Penal Code.

As per the prosecution case, the informant suspects that these petitioners along with other accused persons killed his brother for the reason that prior to the alleged occurrence petitioner No.2 has threatened the deceased with dire

Patna High Court CR. MISC. No.51979 of 2021(2) dt.30-11-2021 2/2 consequences.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. There is no eye witness of the occurrence and only on suspicion these petitioners have been made accused in this case. No one claimed that they have seen these petitioners in the company of deceased or near the place from where the dead body of deceased was recovered. Petitioners claim clean antecedent and are in custody since 06.04.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Darpa PS case No.43/2021. (Prabhat Kumar Singh, J) BKS/- U T