Saghufta @ Sagufta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61777 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- BAISI District- Purnia ====================================================== 1.
Saghufta @ Sagufta Wife Of Munazir Residents Of Village -BADTOLI Chanki Janta, Ps- Baisi, Distt- Purnea 2.
Sabetun @ Sabetun Wife Of Shamim Residents Of Village -BADTOLI Chanki Janta, Ps- Baisi, Distt- Purnea 3.
Sanjari Wife Of Mazhar Residents Of Village -BADTOLI Chanki Janta, PsBaisi, Distt- Purnea 4.
Tajamul @ Paitu Darzi @ Tajemul Son Of Late Hakmuddin Residents Of Village -BADTOLI Chanki Janta, Ps- Baisi, Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Adv.
For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Baisi P.S. Case No. 214 of 2023 dated 22.05.2023, instituted under Sections 302/34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that the informant received telephonic information that his daughter has been killed by her husband, including the petitioners, who are sisters-in-law and father-in-law of the deceased.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.61777 of 2023(3) dt.13-12-2023 2/3 the petitioners are innocent and have falsely been implicated in this case. The petitioner Nos. 1, 2 and 3 are married sisters of the husband of the deceased and petitioner No.4 is the father-inlaw of the deceased. They have no concern with the family affairs of the deceased and they are living separately just after the marriage of the deceased with co-accused Samsirul Kadri. Referring to Paragraph No. 52 of the case diary, which contains the postmortem report of the deceased, namely, Sama Praveen, wherein it is mentioned that no external injury was found on the body of the deceased, neck, face & Limb. The doctor opined that the cause of death could not be ascertained and therefore the viscera preserved and handed over to police for forensic examination. There is no FSL report available on record as well as in the case diary. The petitioners have no criminal antecedent.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.61777 of 2023(3) dt.13-12-2023 3/3 learned Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 214 of 2023 dated 22.05.2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U