Jinnati @ Bibi Jinnati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7174 of 2016 Arising Out of PS.Case No. -844 Year- 2014 Thana -ARARIA District- ARRARIA ======================================================

1. Jinnati @ Bibi Jinnati Wife of Karamat Resident of Sarif Nagar Ward No. 4, P.S. + District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Md. Ansural Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The prosecution case is that on 20.12.2014 the husband of informant was watching television in his house. At 9 PM someone called him and thereafter he did not return. Subsequently, one Salauddin informed the son of informant, Dilshad, that his father has been killed in Araria market then informant went to along with other family members and find her husband dead. She also noticed that his neck has been cut by sharp edged weapon. It is alleged that four days prior to the occurrence her husband went to take tea in the shop of Shamshad where mobile of her husband was stolen away. When

Patna High Court Cr.Misc. No.7174 of 2016 (2) dt.17-02-2016 2/3 her husband went there in morning and asked about his mobile, Md. Shamsher, son of Shamshad assaulted him and in the evening her husband was assaulted by Samsher, Chhotu and Shamshad. The husband of informant came to home then accused persons came there, dragged him from the house and brutally assaulted him. On her request they left her husband. It is alleged that petitioner being concubine of Md. Shamshad came to the house of informant when she was driven out then she gave threatening to the husband of informant.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. The thrust of accusation is against Shamshad with whom the petitioner has got no connection. The petitioner is wife of one Md. Karamat. The petitioner is a lady. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent and coaccused Md. Shamshad has already been granted anticipatory bail by a co-ordinate bench of this court in Cr. Misc. No. 51861 of 2015.

Considering the fact that thrust of accusation is against co-accused Md. Shamshad, who has been granted anticipatory bail by a coordinate bench of this court, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender

Patna High Court Cr.Misc. No.7174 of 2016 (2) dt.17-02-2016 3/3 before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Araria P.S. Case No. 844 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T