In a bail petition under Sections 302, 307, 304, 34 IPC arising from a burning injury case, the High Court heard pleadings and rejected the prayer for bail given the direct and specific allegations against the petitioner.
Bail prayer of the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1027 of 2023
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Anguri Khatoon @ Bibi Anguri Khatoon
.... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P.
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Order No.04 Dated :01.03.2023
Heard both the sides.
The petitioner- Anguri Khatoon @ Bibi Anguri Khatoon is in custody since 10.10.2022 in connection with Hanwara P.S. Case No. 18 of 2022 for the offence registered under Sections 302, 307, 304, 34 of the I.P.C. pending in the Court of learned Judicial Magistrate, 1st Class, Godda.
As per the prosecution case, the informant is deceased who has stated in his fardbeyan that on 25.03.2022 her son was ill and her husband was out of station. She demanded money from her mother-in-law, Khairun Nisha for the treatment of his son which led to altercation. It is alleged that her sister-in-law, Anguri and her mother-in-law conjointly abused and assaulted her. It is further alleged that she was set on fire by her mother-in-law and sister-in-law consequently, she sustained serious burn injury. The case was initially registered under Sections 307, 304, 34 of the I.P.C. and after death, Sections 302 of the I.P.C. has been added.
It is submitted by the learned counsel on behalf of petitioner that petitioner is innocent and has been falsely implicated in the case.
Learned A.P.P. opposed the prayer for bail. It is submitted that the petitioner is named in the F.I.R. and there is direct and specific allegation against her that she had set on fire the deceased. After death, fardbeyan will now be treated as dying declaration.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner, is hereby, rejected.
(Gautam Kumar Choudhary, J . )
Anit
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case involving burning.
Whether the allegations of setting the deceased on fire warrant rejection of bail.
1 provisions across 1 enactments
Anguri Khatoon @ Bibi Anguri Khatoon
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
