Allowed

Haseena Khatoon v. The State of Bihar

Patna HC8 May 2024CR. MISC./7371/2024

Case brief

AI extract

What is this about?

Single Judge allowed anticipatory bail to the petitioners facing charges of murder. The Court relied on prima facie evidence of innocence and the deceased's mental retardation. The Court also directed provincial authorities to investigate the non-functional CCTV system at the accused's hospital.

What did the court decide?

Petitioners released on bail if arrested within four weeks, subject to conditions including family surety, appearance in court, and non-interference with witnesses.

Haseena Khatoon Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7371 of 2024

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Arising Out of PS. Case No.-213 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur

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

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1. Haseena Khatoon DAUGHTER OF ALMUDDIN Village- Pyarepur P.SKathaiya Distt -Muzaffarpur

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MD AZAD SON OF ALMUDDIN @ ALLIMUDDIN MIYA VillagePyarepur P.S- Kathaiya Distt -Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Shankar Prasad Roy, Advocate Mr. Raj Krishna Jha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP For the Informant : Mr. Hemant Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 08-05-2024

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Heard the parties.

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The petitioners are apprehending their arrest in connection with Sahebganj P.S. Case No. 213 of 2023 for the offence under Sections 328, 302 and 34 of the I.P.C. lodged on 22.05.2023 by the informant, Abdul Sattar.

¶16

As per the prosecution story, the informant alleged that his son got married to the petitioner no. 1 on 05.05.2023. She came home and on the very next day, wanted to leave the house. Thereafter, the accused took his son as also the petitioner no. 1 to their place where he was brutally assaulted. Later, on 20.05.2023, they came

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Patna High Court CR. MISC. No.7371 of 2024(4) dt.08-05-2024 2/7

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alongwith his son and in the night, gave some medicine whereafter on the next day 21.052023, he was found dead. The allegation is that the petitioner no. 01 was having illicit relationship with her brother-in-law (Shamshul) which was being opposed by the son which led to his killing. Accordingly, the FIR.

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In this case, the coordinate Bench had called for the case diary and subsequently the FSL report and both are now part of the record.

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A perusal of the paragraph-22 of the case diary would show that the deceased was mentally retarded and was being treated by different psychiatrist in different hospitals. He was married to the petitioner no. 01 on 05.05.2023 but after coming to know about his mental condition, she chose not to stay with him.

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However, the deceased’s parents convinced her to stay with her husband and were sent to a different place. Later, she left for her parents home. As per the supervision note, the villagers informed that on 20.05.2023, the deceased again had mental frenzy and damaged property in his own house. The villagers went there and did not found

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Patna High Court CR. MISC. No.7371 of 2024(4) dt.08-05-2024 3/7

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any of the accused persons at that time. Later, on the next morning they came to know about his death. The villagers further stated that in the fit of mental illness, he may have taken overdose of medicine which caused his death.

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Further, as per the FSL report:

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“no metallic, alkaloidal, pesticidal or

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volatile poison could be detected in the contents of the glass jar as described above”

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In that background, the Dy.S.P. gave certain directions which included getting CCTV footage from the S.K. Medical College and Hospital, Muzaffarpur in view of the fact it had come during investigation that contrary to allegation, one of the accused Shamshul had visited the hospital to see his wife.

¶28

The Police visited the Sri Krishna Medical College and Hospital, Muzaffarpur on 13.07.2023 and it would be appropriate to incorporate paragraph 35 is incorporated as recorded by the Investigating Officer hereinbelow:-

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“ 35 . ,l0ds0,e0lh0,p0 eqtQ~Qjiqj igqapk rFkk vLirky v/kh{kd ds dk;kZy; esa tkdj

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Patna High Court CR. MISC. No.7371 of 2024(4) dt.08-05-2024 4/7

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vLirky v/kh{kd ls fnukad 20@05@2023 ds “kke ls ysdj fnukad 21@05@2023 ds lqcg rd dk lh0lh0Vh0oh0 QqVst miyC/k djkus dk vuqjks/k fd;kA ,l0ds0lh0,p0 ds v/kh{kd egksn; nhid dqekj ds }kjk crk;k x;k fd djhc 3&4 ekg ls vLirky esa dke gks jgk gS ftlds pyrs fctyh rkj dks m[kkM+ i[kkM + dj fn;k x;k gSA ftlds pyrs lh0lh0Vh0oh0 QqVst dk LVksjst ugha gks ik jgk gSA blfy, lh0lh0Vh0oh0 QqVst miyC/k ugha gks Ikk;sxkA

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This statement has been made by none else than the Superintendent of such a prestigious hospital (SKMCH). The government regularly pumps in huge money in getting CCTV installed in all its institutions and here is an official, who has been given the responsibility of a prestigious Hospital casually making statement that for three to four months, due to electrical work having been undertaken, all the CCTV cameras have been uprooted and as such video footages cannot be made available.

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A death has occurred and whether Shamshul at the relevant time had visited the Hospital or not could have been easily verified if the cameras would have been

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Patna High Court CR. MISC. No.7371 of 2024(4) dt.08-05-2024 5/7

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working.

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Learned counsel appearing on behalf of the informant on the other hand submits that all the accused persons including the petitioners herein conspired and killed the informant’s son.

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The petitioner no. 1 is a widow lady who has already suffered enough having been married to a mentally retarded person as per the villagers statement, and incorporated above, he is now dead and the petitioner no. 1 has been made an accused with the allegation of killing her husband. The petitioner No. 2 is her younger brother who is a student and has also been dragged alongwith his sister.

¶38

Taking into account the aforesaid facts including the supervision note which clearly takes the story in a different direction, prima facie showing the innocence of both the petitioner nos. 1 and 2, FIR lodged, investigation is continuing and as per the learned counsel for the petitioners, both will cooperate in the investigation, none of them have criminal antecedent, this Court is inclined to extend them privilege of anticipatory bail with conditions.

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Patna High Court CR. MISC. No.7371 of 2024(4) dt.08-05-2024 6/7

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Let the petitioners be released on bail in the

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event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1^st Class, (West Muzaffarpur) in connection with Sahebganj P.S. Case No. 213 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(i) one of the bailor should be the family member of the petitioners who shall provide official document to show their bona fide;

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(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

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(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be

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Patna High Court CR. MISC. No.7371 of 2024(4) dt.08-05-2024 7/7

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at liberty to take steps for cancellation of their bail bonds.

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Let a copy of the order be communicated to the Additional Chief Secretary, Health Department, Bihar, Patna as also the District Magistrate, Muzaffarpur so that they can peruse the order and take remedial measure in view of the statement made by the Superintendent SKMCH, Muzaffarpur about the non-functioning of CCTV for three to four months.

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In the considered opinion of the Court, the District Magistrate, Muzaffarpur should regularly visit the prestigious Hospital of the district, as in absence of such visit, anomalies in the Hospital cannot be detected which ultimately will affect the poor and the needy who will have to suffer. If the condition of the CCTV can be made inactive for months, what would be the availability of the medicines and life saving drugs in the Hospital, it can be easily presumed.

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(Rajiv Roy, J)

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Adnan/-

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U T

Haseena Khatoon v. The State of Bihar

Case brief

What is this about?

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Haseena Khatoon v. The State of Bihar

Case brief

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