Noor Jahan Khatoon @ Nurjahaan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51514 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- NAUTAN District- Siwan ====================================================== 1.

NOOR JAHAN KHATOON @ NURJAHAAN KHATOON Wife of Ish Mohammad Resident of Village - Baniya Tola Kilpur, P.S.- Nautan, DistrictSiwan 2.

Salma Khatoon Wife of Nasaruddin Resident of Village - Baniya Tola Kilpur, P.S.- Nautan, District- Siwan 3.

Atabuddin @ Atabuddin Miyan Son of Nejamuddin Resident of Village - Baniya Tola Kilpur, P.S.- Nautan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2019 The learned counsel for the petitioners prays to withdraw anticipatory bail petition of petitioner No.3, Atabuddin @ Atabuddin Miyan, as he has already been arrested. Accordingly, anticipatory bail petition of petitioner No.3, Atabuddin @ Atabuddin Miyan, is dismissed as has become infructuous.

Heard both sides.

The petitioner No.1, Noor Jahan Khatoon @ Nurjahaan Khatoon and petitioner No.2, Salma Khatoon, apprehend their arrest in Nautan P.S. case No. 47 of 2019 registered under Section 304B/34 of the IPC.

The informant disclosed that brother-in-law (Devar) of his daughter informed him that his daughter was lying dead and she was not breathing. On such, the informant came and saw the dead body of his daughter lying dead. The informant

Patna High Court CR. MISC. No.51514 of 2019(2) dt.19-08-2019 2/2 alleged that petitioners might have killed his daughter. The learned counsel for the petitioners submits that petitioners are neighbours of the deceased and her husband and they have no manner of concern with the family affairs of the deceased or her husband. The informant did not make the husband of the deceased as accused. The brother-in-law of the deceased has already been arrested. The petitioners are ladies. Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that petitioners are ladies, the petitioner No.1, Noor Jahan Khatoon @ Nurjahaan Khatoon and petitioner No.

2, Salma Khatoon in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Hena Mustifa, learned Judicial Magistrate, 1st class, Siwan in connection with Nautan P.S. case No. 47 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T