Buchani Khatun @ Buchhi Khatoon @ Buchni Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75177 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== 1.

Buchani Khatun @ Buchhi Khatoon @ Buchni Khatoon W/o Md. Razik R/o village- Rajpur, P.s- Khutauna, District - Madhubani 2.

Md. Razik S/o Md. Bhallu @ Md. Munna @ Md. Bhannu R/o villageRajpur, P.s- Khutauna, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the State :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that co-accused Md. Saddam was abusing wife of informant and when she objected, co-accused Md. Saddam pushed her on the ground and assaulted her with bricks. It is further alleged that thereafter, all the F.I.R. named accused persons, including these petitioners, armed with danda, bricks and stone, came there and assaulted wife of informant and fled away. Thereafter, the injured was

Patna High Court CR. MISC. No.75177 of 2025(2) dt.04-11-2025 2/3 taken to the hospital where she succumbed to her injuries while being taken to D.M.C.H..

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Md. Saddam. So far as this petitioners are concerned, there are general and omnibus allegations and no specific accusation of overt act has been alleged against them. Petitioners have falsely been implicated in this case merely because they happen to be parents of co-accused Md. Saddam. Moreover, charge-sheet has already been submitted and petitioners have no criminal antecedents. Petitioner No. 1 is in custody since 14.07.2025 and Petitioner No. 2 is in custody since 15.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioners, the prayer for grant bail of to the petitioners is allowed.

7. Accordingly, let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.75177 of 2025(2) dt.04-11-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. Ist, Jhanjharpur, DistrictMadhubani in connection with Khutauna P.S. Case No. 64 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T