Julekha Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44022 of 2025 Arising Out of PS. Case No.-262 Year-2024 Thana- SUPAUL District- Supaul ====================================================== 1.
Julekha Khatoon wife of Md. Nazir Resident of Village- Telwa ward No 12 PS and District -Supaul 2.
Bibi Sahna @ Bibi Sahana @ Sabana Khatoon Wife of Md. Ismail Resident of Village- Telwa ward No 12 PS and District -Supaul 3.
Shamian Khatoon Wife of Md. Tanwir Resident of Village- Telwa ward No 12 PS and District -Supaul 4.
Hadisha Khatoon @ Hasida Khatoon wife of Md. Sakil Resident of VillageTelwa ward No 12 PS and District -Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Harun Quareshi, Adv.
For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Supaul P.S. Case No. 262 of 2024, instituted for the offences punishable under Sections 302, 304(B)/34 of the Indian Penal Code..
3. The prosecution case, in short, is that, sister of the informant was done to death by her husband and in-laws due to non-fulfillment of demand.
2/4
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The petitioners have not committed any offence as alleged in the F.I.R. Learned counsel for the petitioners submits that the petitioners are sister-in-law and all are living separately and have no concern with the deceased. The petitioners have never demanded any dowry from the deceased or her family members. They have also never tortured the deceased in any manner whatsoever and have falsely been implicated in the present case only on suspicion. From the postmortem report of the deceased, it appears that the deceased has committed suicide by hanging herself as there is no any external injury has been found on the body of the deceased.
He further submits that the Informant of this case has also filed compromise petition before the learned Chief Judicial Magistrate, Supaul stating that he has no grievance against the petitioner and the other co-accused persons.
3/4 final form against all other accused persons but, on the protest petition, the court took cognizance against all the accused persons. The husband of the deceased is already in judicial custody since 16.05.2024. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.
5. Learned counsel for the petitioners further submits that the co-accused Md. Hasmat has been granted regular bail by this Court vide order dated 19.12.2024 passed in Cr. Misc. No. 86813 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners, stating that the offence alleged against the petitioners is serious in nature. The petitioners are named in the F.I.R. and, hence, they do not deserve bail.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioners, let the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today,
4/4 be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Supaul P.S. Case No. 262 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) rishi/- U T