Najama Khatoon @ Charaki Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3700 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Najama Khatoon @ Charaki Khatoon Daughter of Nijam Miyan Resident of Village Gaursatti, P.S. Chamdramandih, Dist. Jamui 2.

Hasina Bibi wife of Samruddin Ansari Resident of Village Gaursatti, P.S. Chamdramandih, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Chandramandih P.S. Case No. 81 of 2023 registered for the alleged offence under Sections 302, 120(B)/34 of the Indian Penal Code.

03. As per prosecution case, the petitioners and other co-accused persons committed murder of the daughter of the informant on account of demand of Rs. 1,00,000/-.

04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place. The marriage of the daughter of the informant was solemnized in the year 2008

Patna High Court CR. MISC. No.3700 of 2024(2) dt.07-02-2024 2/3 and there were four children out of this marriage. The elder one is aged about 10 years and the youngest is aged about 2 and 1⁄2 years. During these 15 years, no complaint was ever made for any demand. The daughter of the informant committed suicide as she was caught raid handed in objectionable position with brother-inlaw of her younger sister. The husband of the deceased was informed by his children about the conduct of the deceased and she committed suicide due to shame. The petitioners are sisters-inlaw of the deceased. Petitioner no. 1 is sister of the husband of the deceased whereas petitioner no. 2 is wife of brother of husband of the deceased and both of them were not living with the deceased and they were living separately. The police submitted charge-sheet against co-accused Shamruddin Ansari under Section 306, 120(B) and 34 of the IPC, keeping investigation pending against the petitioners and others.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the possibility of false implication and the background of possibility of suicide by of informant's daughter, let the petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released

Patna High Court CR. MISC. No.3700 of 2024(2) dt.07-02-2024 3/3 on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class/concerned court, Jamui in connection with Chandramandih P.S. Case No. 81 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T