Bunni Khatun @ Surjan Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48222 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- KASBA District- Purnia ====================================================== 1.
BUNNI KHATUN @ SURJAN KHATUN WIFE OF AMJAD ALI 2.
SARIF ALAM @ MD. SARIF SON OF AMJAD ALI BOTH RESIDENT OF VILLAGE- BANDH TOLA, TINPARIA KHERIA, P.S.- KODHA, DISTT.- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-08-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Kasba P.S. Case no.79 of 2024 registered for the offence punishable under sections 302 and 120B of the Indian Penal Code.
3. As per the prosecution case, the informant states that his nephew came and disclosed that his mother had strangulated his sister Phulnaz, killing her. The mother of the deceased who was making an attempt to escape was caught. It is further stated that it transpired that the murder had been committed by the informant's brother's wife in conspiracy with
Patna High Court CR. MISC. No.48222 of 2024(2) dt.07-08-2024 2/3 the two petitioners herein who happen to be her mother and brother.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. They happen to be the mother and brother of the informant's bhabhi. They have no concern with the affairs of the family of the informant and even as per the allegations in the FIR, the sole allegation is against the informant's bhabhi and not the petitioners herein. The petitioners have no criminal antecedent.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioners in the FIR, the specific allegation of killing the niece of the informant being on the bhabhi of the informant namely Sarifun Nishan and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kasba P.S. Case no.79 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.48222 of 2024(2) dt.07-08-2024 3/3 satisfaction of the learned A.C.J.M. II, Purnea, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Partha Sarthy, J) Saurabh/- U T