Mini Khatoon @ Ginni Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21748 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================
1. Mini Khatoon @ Ginni Khatoon, daughter of Abdul Sattar
2. Fudani Khatoon, wife of Abdul Sattar Both residents of Village Amari Kukaraun, P.S. Dhamdaha, DistrictPurnea. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-07-2017 Heard Sri Ravi Ranjan, learned counsel for the petitioner and Mr. Md. Fahimuddin, learned Addl. Public Prosecutor.
Two petitioners, who are not relative of husband of the deceased, apprehending arrest in Dhamdaha P.S. Case No.34 of 2016 registered for the offence under Section 304(B)/34 of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender.
By way of referring to F.I.R. learned counsel for the petitioners submits that in the F.I.R. itself, the informant has stated that the marriage of sister of the informant was solemnized 10 years back with Bablu Mansuri. It was alleged in the F.I.R. that
Patna High Court Cr.Misc. No.21748 of 2017 (2) dt.01-07-2017 2/3 Bablu Mansuri was proposed to solemnize marriage with petitioner no.1 Ginni Khatoon and the informant suspected that husband and his other relatives along with two petitioners had killed sister of .the informant by throttling. Learned counsel for the petitioners further submits that in view suspicion that husband of the deceased was going to marry with petitioner no.1, petitioners have been falsely implicated in the case. He further submits that of course during investigation, the police found the accusation true under Section 302 I.P.C., but save and except suspicion, there is nothing to show that the occurrence has been seen by any of the witnesses.
Keeping in view the fact that two petitioners are lady and the fact that the informant himself had stated that the marriage was solemnized about 10 years back, the Court considers that it is a fit case for extending the privilege of anticipatory bail. Let the petitioners, namely, (i) Mini Khatoon @ Ginni Khatoon (ii) Fudani Khatoon, in the event of their arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of Sri L.B. Paswan, learned Judicial Magistrate, 1st Class, Purnea in connection with Dhamdaha P.S. Case No.34 of 2016, subject to condition as laid
Patna High Court Cr.Misc. No.21748 of 2017 (2) dt.01-07-2017 3/3 down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T