Anisha Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22982 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -KINJAR District- JEHANABAD ======================================================
1. Anisha Khatoon. Wife of Gulsan Quraisi.
2. Chando Begam. Wife of Akbar Quraisi, Daughter of Imaman Quraisi. Both Resident of village - Wajitpur, P.S.- Kinjar, District - Arwal. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahboob Ashraf For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Section 302 of the Indian Penal Code. It is alleged by the informant that the informant's brother Guddu Quereshi was married with the daughter of one Imaman Qureshi and since after three years of the marriage, his brother was living at his Sasural with his wife and some dispute has been arose in between his brother and his Sala Gudan Quereshi and on the relevant day at about 12.00 while the informant was at his house, he came to know that co-accused Gudan Quereshi along with other co-accused have assaulted mercilessly leading to his death and on this informant, the informant approached at village-Bajitpur where he came to know
that the petitioners along with other co-accuse persons have mercilessly assaulted with lathi, danda and pressed upon his chest resulting blood were oozing and he died during the course of treatment.
It has been submitted on behalf of the petitioners that petitioner no.1 is the cousin mother-in-law of the deceased and petitioner no.2 is the sister-in-law of the deceased. Both the petitioners are ladies. It has also been submitted that the petitioners have been made accused due to mistake of fact. The wife of the deceased in paragraph no.7 of the case diary has stated that the deceased in a drunken stage had jumped from the roof of the house and subsequently he died. It is further submitted that there is no specific allegation against the petitioners. It has been submitted on behalf of the State that the petitioners are named in the FIR.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned I/C Judicial Magistrate, Ist Class, Jehanabad, Smt. Namita Singh, in connection with Kinjar P.S.Case No.21 of 2015, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T