Meena Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68613 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.
MEENA KHATOON W/o Md. Israil Resident of village- Pokhariya, Ward No- 01, P.S.- Srinagar, District- Madhepura.
2.
RAJNA KHATOON @ RAJINA KHATOON W/o Md. Israfil Resident of village- Pokhariya, Ward No- 01, P.S.- Srinagar, District- Madhepura. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP For the Informant :
Mr. Rupesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2023 Heard learned counsel appearing on behalf of the parties.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioners are named in the F.I.R. and apprehend their arrest in connection with Srinagar P.S. Case No. 91 of 2022 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
The allegation against these petitioners is to commit murder of sister and niece (Bhanji) of the informant along with other co-accused persons/family members.
Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.68613 of 2022(2) dt.26-04-2023 2/3 submitted that abovenamed petitioner are married cousin sisters of main co-accused, namely, Md. Jibrayal, who happens to be husband and father of the deceased, against whom the thrust of allegation is available. It is also submitted that nature of allegation against the petitioners general and omnibus, being family members. Learned counsel further submitted that both petitioners are married and living separately having no connection with the daily and domestic affairs of the deceased and her husband. While concluding the argument, it is submitted that the petitioners are lady of clean antecedent. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that petitioners alleged to be participated actively in the occurrence but fairly conceded that they were not even named in the confessional statement of co-accused, Md. Jibryal as mentioned in paragraph no.85 of the case diary.
Considering the aforesaid facts and circumstances of the case and by taking note of nature of allegation, which is appearing very general and omnibus in nature and petitioners are lady of clean antecedent, who are married cousin sister of main co-accused, Md. Jibryal, accordingly, all above named petitioners, in the event of their arrest or surrender within a
Patna High Court CR. MISC. No.68613 of 2022(2) dt.26-04-2023 3/3 period of four weeks, from the date of order, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Madhepura /concerned Court, where the case is pending in connection with Srinagar P.S. Case No. 91 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T