Mina Bibi @ Mina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50675 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -JANTA BAZAR District- SARAN ====================================================== Mina Bibi @ Mina Khatoon, W/o Hazrat Ansari, a resident of VillagePanditpur, North Tola, Kishunpur Lauar, Police Station- Janta Bazar, District- Saran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Janta Bazar P.S. Caase No.72 of 2016 for the offences instituted under Sections 307, 326, 504 of the Indian Penal Code. Subsequently Section 302 of the Indian Penal Code was also added.
The prosecution case, in brief, is that while the informant along with her younger sister namely Tamanna Khatoon was cooking food in her house, in the meantime, some altercation took place between the informant her cousin Hazrat Ansari and Bhabhi (petitioner) for she goat and in that course, accused Hazrat Ansari poured kerosene oil over the body of the informant and both accused sat her on fire with an intention to kill
Patna High Court Cr.Misc. No.50675 of 2016 (2) dt.25-11-2016 2/2 her.
It has been submitted on behalf of the petitioner that she has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. She has falsely been implicated in the present case. There is no substantive evidence to suggest her implication in the present case.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and specific overt act has been alleged against her for committing the murder of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. The same is rejected in connection with Janta Bazar P.S. Case No.72 of 2016, pending in the court of learned A.C.J.M., Saran at Chapra.
Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order, taking into account that the petitioner is a lady. (Sudhir Singh, J.) Amit/- U T