Dismissed

Noor Jahan Khatoon v. the State of Bihar

Patna HC21 Sept 2022CR. MISC./14446/2022

Case brief

AI extract

What is this about?

The High Court refused regular bail to the petitioner in a triple murder case under section 302 IPC. Despite arguments regarding criminal antecedents and discrepancies in prosecution statements, the Court declined bail due to the serious allegations and heinous nature of the crime. The trial was directed to be concluded within nine months.

What did the court decide?

Bail petition rejected. Trial directed to be concluded within 9 months.

Noor Jahan Khatoon Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14446 of 2022

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Arising Out of PS. Case No.-260 Year-2021 Thana- KATEYA District- Gopalganj

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======================================================

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NOOR JAHAN KHATOON W/o- Aslam Mansuri R/o- Vill.- Kawlrahi, P.S. - Kateya, Dist.- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 21-09-2022

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code.

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As per the prosecution case, the petitioner is alleged to have committed murder of her three daughters and threw them into the pond. But the fourth daughter Afreena Khatoon aged about five years was rescued by two passersby named Chhathu Yadav and Rajan Yadav who saw the occurrence. The

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Patna High Court CR. MISC. No.14446 of 2022(3) dt.21-09-2022 2/3

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character of the petitioner is suspicious who is the daughter-inlaw of the informant.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. There is no eye witness in this case. Chhathu Yadav and Rajan Yadav who saved the life of 4^th child, were not examined by the prosecution. The statement of the informant in three stages are different. It is further submitted that the postmortem report reveals that the cause of death of all the three children is Asphyxia due to drowning and the time of death of all the three children was different i.e. first child Gulwasha Khatoon aged about 8 years died within 48 hours and the other two children namely Mustaiya aged about 3 years and Tayasa aged about 2 ½ years died within 24 hours. The petitioner is in custody since 26.07.2021.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that it is a case of triple murder and there is specific allegation against the petitioner who is the mother of the deceased. The said offence is against humanity.

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Considering the aforesaid facts and circumstances of

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Patna High Court CR. MISC. No.14446 of 2022(3) dt.21-09-2022 3/3

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the case as well as the specific allegation and the heinous nature of the offence, I am not inclined to enlarge this petitioner above-

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named on bail.

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Learned trial Court is directed to expedite the trial and conclude the same preferably within 9 months.

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The bail petition stands rejected.

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(Chandra Prakash Singh, J)

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shobhakri/-

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U T

Noor Jahan Khatoon v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Noor Jahan Khatoon v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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