Laila Khatun @ Lalia Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68352 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- THAWE District- Gopalganj ====================================================== Laila Khatun @ Lalia Khatun, aged about 70 years, Gender-Female, Wife of Nabijan Mian Resident of Village - Pandit Ke Harpur, P.S.- Thawe, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is apprehending her arrest in connection with Thawe P.S. Case No. 73 of 2019 registered for offences under sections 304(B) of the Indian Penal Code.
It has been alleged that the family members of the deceased have killed the victim but, learned counsel for the petitioner submits that as the victim was talking on mobile phone at the top of the roof and, while she was interacting with someone on mobile phone, she fell down from the roof and received head injury. Initially, she was treated at Sadar Hospital, Gopalganj and from where she was referred to Lucknow for
Patna High Court CR. MISC. No.68352 of 2019(2) dt.06-03-2020 2/2 better treatment but, could not be saved.
Learned counsel for the petitioner submits that the husband of the deceased, namely, Nabijan Mian has been granted bail vide order of this Court dated 12.12.2019 passed in Cr. Misc. No. 54182 of 2019.
Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate, Gopalganj, Dist. Gopalganj in connection with Thawe P.S. Case No. 73 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, she will remain present and if she would not present herself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T