The High Court granted interim bail to female petitioners in a murder case, noting the accusation was based on suspicion and the accused had no criminal history.
Released on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount each to the Chief Judicial Magistrate, Sitamarhi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16020 of 2015
Arising Out of PS.Case No. -592 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI
====================================================== 1. Roop Sahana @ Roop Suhana Khatoon Wife of Nesarul Nadaf 2. Kuraisha Khatoon Wife of Tasleem Nadaf Both residents of village - Barheta, Noonia Tola, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Petitioners Versus 1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Ashhar Mustafa For the Opposite Party : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-05-2015 Heard learned counsels for the petitioners, informant and the State.
Petitioners are languishing in custody since 26.12.2014 in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
It is alleged that brother of the informant left the house on 24.12.2014 at 9:00 P.M after taking dinner while talking on mobile phone. On 25.12.2014 at 8:30 A.M the informant came to know through co-villagers that his brother has been killed by unknown criminals. The dead body was found in a field adjacent to the road. It was suspected by the informant that the victim was talking before leaving his house to Shahjahan Khatoon who is sister of petitioner No. 1 and daughter of petitioner No. 2. Hence, the informant suspected that his brother was called by Shahjahan Khatoon and thereafter he was being killed by the family members of
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Shahjahan Khatoon.
It is submitted by learned counsel for the petitioners that admittedly the informant is not the eye witness to the occurrence and suspicion was raised against the petitioners and other family members since victim had some illicit relationship with Shahjahan Khatoon, sister of petitioner No. 1 and daughter of petitioner No. 2 and on the basis of suspicion the accusation has been levelled against the petitioners. Moreover the petitioners are lady having no criminal antecedent.
It is submitted by learned counsel for the informant that during investigation, it transpired that due to the conspiracy hatched by the petitioners, the brother of the informant was killed.
Considering the suspicious nature of accusation and the petitioners being lady, let them, 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Runisaidpur P.S. Case No. 592 of 2014.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioners, who are female and have no criminal antecedents, should be released on bail in a murder case where the accusation is based on suspicion rather than eyewitness testimony.
Roop Sahana @ Roop Suhana Khatoon
Kuraisha Khatoon
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
