← Library
Patna High CourtCR. MISC./43746/2022allowed

Bajeda Khatoon v. The State Of Bihar

2022-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43746 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== 1.

Bajeda Khatoon Daughter Of Md. Nur Alam Resident Of Vill- Nekula, P.SBalia Belon, Dist- Katihar 2.

Masso Khatoon @ Nazis Khatoon D/O Md. Nur Alam Resident Of VillNekula, P.S- Balia Belon, Dist- Katihar 3.

Md. Barkat @ Mazhar Imam Son Of Md. Nur Alam Resident Of VillNekula, P.S- Balia Belon, Dist- Katihar 4.

Gilo Khatoon @ Shisham Parvin @ Shiso Khatoon D/O Md. Nur Alam Resident Of Vill- Nekula, P.S- Balia Belon, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are Nanad and Dever

Patna High Court CR. MISC. No.43746 of 2022(2) dt.29-11-2022 2/2 of the deceased and there is no specific allegation against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the husband of the deceased is already in judicial custody. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the husband of the deceased is already in judicial custody, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Balia Belon P.S. Case No. 80 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T