Najmun Khatoon @ Shaida Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2819 of 2017 Arising Out of PS.Case No. -48 Year- 2014 Thana -PIPRA District- SUPAUL ======================================================
1. Najmun Khatoon @ Shaida Khatoon W/o Late Muslim Mian @ Muslim, Resident of Village-Salkhua, P.S.-Pipra, District-Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivek Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends her arrest in connection with Pipra P.S. Case No. 48 of 2014 for the offence punishable under section 304 (B)/34 of the I.P.C.
Hazaroon Khatoon, the daughter of the informant, was married to Md. Jalaluddin, the son of the petitioner, on 21.02.2009 and allegedly the petitioner and other co-accused killed Hazaroon Khatoon and fled away from the house.
Submission is of false implication, as a matter of fact the marriage was performed in the year 2004 which is evident from the copy of Nikahnama, the informant after knowing the
Patna High Court Cr.Misc. No.2819 of 2017 (2) dt.10-02-2017 2/2 reality has filed petition in the learned court below that this case has been lodged under confusion and the accused persons are not responsible for the death of his daughter, vide Annexure-4 other co-accused have been allowed anticipatory bail, whereas, the husband has been allowed regular bail and as such the petitioner also deserves sympathetic consideration.
The learned A.P.P. fairly submits that the informant is now retracting from his earlier version.
In the facts and circumstances as stated above, the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sri Jitendra Kumar, J.M. Supaul in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T