Khalil Sah @ Khali Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81256 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== 1.
KHALIL SAH @ KHALI SAH Son of Late Jhori Sah Resident of VillageLaxmipur, P.S.- Belaganj, District- Gaya. 2.
Maimun Khatoon @ Naeemun Khatoon Wife of Khalil Sah Resident of Village- Laxmipur, P.S.- Belaganj, District- Gaya. 3.
Juhi Khatoon Wife of Rojan Sah @ Mallu Sah Resident of VillageBharondha, P.S.- Gurua, District- Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tabish Sharfuddin For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsels for the parties.
The petitioners being the parents and sister of the husband of the victim are languishing in custody since 19.8.2019 in a case registered for the offences punishable under Sections
Patna High Court CR. MISC. No.81256 of 2019(2) dt.11-12-2019 2/3 302/34 of the I.P.C.
The prosecution case as per the written report of Safina Khatoon submitted to the SHO, Belaganj Police Station is to the effect that the informant married her daughter namely, Soni Khatoon with co-accused Guddu Sah about nine years prior to the lodging of the case but subsequent to the marriage, torture was inflicted upon the informant's daughter by the entire inlaws family members and ultimately she was killed on 16.8.2019.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. Admittedly, the informant is not the eye witness to the alleged occurrence and only on the basis of suspicion the accusation has been levelled against the petitioner. Moreover, the investigation has already been concluded. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the accusation being omnibus and general, the investigation being concluded and the period in custody, coupled with the statement made in the paragraph 3 of
Patna High Court CR. MISC. No.81256 of 2019(2) dt.11-12-2019 3/3 the petition that the petitioner is not having any criminal antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM XI, Gaya in connection with Belaganj P.S. Case No.292 of 2019.
(Dinesh Kumar Singh, J) anil/- U