Jinnat Khatun v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4500 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Jinnat Khatun W/O Hajarat Ali Village- Sishwa, P.S. Kalyanpur , DistrictEast Champaran 2.

Hajarat Ali S/O Late Sheikh Liyakat Village- Sishwa, P.S. Kalyanpur , District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the Opposite Party No.2.

2. The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 23 of 2023, registered for the offences punishable under Sections 304(B) and 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are a mother-in-law and father-in-law of the deceased. It is next submitted that the deceased was married to the son of the petitioners in the year 2011 and her husband was staying in

Patna High Court CR. MISC. No.4500 of 2024(2) dt.19-02-2024 2/3 Mumbai. It is further submitted that since the husband was staying in Mumbai, as such, the Opposite Party No. 2 out of frustration, committed suicide. It is next submitted that thereafter the body was taken to the hospital for postmortem and two days after the postmortem, the present case came to be instituted by the informant implicating the petitioners for reasons best known. It is next submitted that the husband of the deceased was taken into custody but was granted the privilege of regular bail by an order dated 16.01.2024 and Cr. Misc. No. 86053 of 2023. It is also submitted that there is no specific allegation against the petitioner, further, since the marriage was more than seven years old, as such, no offence under Section 304(B) of the Indian Penal Code is made out.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.4500 of 2024(2) dt.19-02-2024 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, District - E. Champaran, where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) aditi/- U T