Samina @ Bibi Shamina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55949 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- JOKIHAT District- Araria ====================================================== SAMINA @ BIBI SHAMINA D/O Alauddin, Resident of Village- Matiyari, P.S.- Jokihat, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Jokihat P.S. Case No. 368 of 2022 registered for offence punishable under Section 302/34 of the Indian Penal Code. The petitioner is wife of the deceased. There is allegation against her that she, along with her mother and maternal grandmother, committed murder of the deceased. The deceased was residing in his Sasural. His mother, who is informant, got information that the members of his Sasural had committed his murder. She went there and saw the dead body of his son and expressed her suspicion that these three ladies committed murder of the deceased.

The learned counsel for the petitioner has submitted that the informant, who is mother of the deceased, has not mentioned in the FIR that there was dispute between husband and wife.

Patna High Court CR. MISC. No.55949 of 2022(5) dt.29-03-2023 2/2 Though some witnesses, who are family members of the deceased, have stated this fact. The petitioner is an innocent lady. She is presently pregnant and she has no criminal antecedent. She is under custody since 14.07.2022.

On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail and submitted that in the FIR it has not been mentioned that there was dispute between husband and wife, but some witnesses have stated in their statements that the couple were usually quarrelling.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 368 of 2022, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(Nawneet Kumar Pandey, J) Mahesh/- U T