Jahida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54357 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- BALIYA District- Begusarai ====================================================== JAHIDA KHATOON, aged about 40 years, Male, W/O Md. Abdul Latif, Resident of Village- Lakhminiya, P.S.- Ballia, Distt.- Begusarai ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Indrajit Kumar, Adv.

For the Opposite Party :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Ballia P.S. Case No. 150 of 2018 for the offences alleged under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that Md. Abu Talib, father of the informant, was going to Sheikhchak for irrigation of his field, where two persons came on motorcycle and asked about purchase of the flat and also made request to her father to go with them. Thereafter, father of the informant proceeded with them on cycle. In the meantime, Md. Abdul Latif made complaint why the land of his share has not been given to him and fired through pistol causing injury on temple region of her father, who fell down and, then, the wife of Md. Abdul Latif

Patna High Court CR. MISC. No.54357 of 2019(2) dt.29-08-2019 2/2 ordered to kill her father.

The submission of the learned counsel for the petitioner is that in fact allegation of making firing at the temple region of deceased, Md. Abu Talib, father of the informant, is against Md. Abdul Latif and the petitioner being the wife of Md. Abdul Latif has been implicated in this case. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ballia P.S. Case No. 150 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T