Rahima Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64582 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- DHAKA District- East Champaran ====================================================== RAHIMA KHATOON Wife of Sk. Soyeb @ Ganaur Resident of VillageSorpaniya, P.S.- Dhaka (Pachpakadi), District- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Dhaka (Pachpakadi) P.S.Case no.186 of 2019 registered for offences punishable under Sections 304B/34 of the Indian Penal Code.
As per the FIR, the petitioner happens to be mother-inlaw and there is allegation that after strangulation, the deceased was set on fire.
Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him and moreover one villager has stated that she has committed suicide as there was some altercation between her and her husband . On the other hand the learned APP and the learned counsel for the informant, who has appeared suo motu has
Patna High Court CR. MISC. No.64582 of 2019(3) dt.07-11-2019 2/2 opposed the praeyr for bail on the ground that the petitoner was also residing in the house and the deceased was killed by setting her on fire and no information was given to anyone. Some of the witnesses have also supported the allegation against the petitioner.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T