Allowed¶20

Sulekha Bibi v. The State of Bihar

Patna HC10 Jan 2025CR. MISC./76066/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CRIMINAL MISCELLANEOUS No.76066 of 2024; Sulekha Bibi vs The State of Bihar; Bikramganj P.S. Case No. 131 of 2023; District Rohtas; Sections 302, 120B/34 Indian Penal Code; Section 482 (2) Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.) 2023; parity with co-accused granted bail in Cr. Misc. No. 41028 of 2024 (order dated 21.06.2024); bail bond Rs. 10,000 with two sureties; A.C.J.M. Bikramganj; Justice Sunil Dutta Mishra; decision dated 10-01-2025.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Bikramganj (Rohtas), subject to the conditions laid down in Section 482 (2) of the B.N.S.S., 2023.

Sulekha Bibi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Bikramganj P.S. Case No. 131 of 2023 instituted under Sections 302, 120B/34 of the Indian Penal Code, should be granted anticipatory bail.

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Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj (Rohtas).

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Ratio / Principle

The grant of bail is made subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Sunil Dutta Mishra, J., order dated 10-01-2025) to Sulekha Bibi, mother-in-law of the deceased, who apprehended arrest in Bikramganj P.S. Case No. 131 of 2023 instituted under Sections 302, 120B/34 of the Indian Penal Code. Prosecution case: son of the informant died at his Sasural; the informant suspects the petitioner and other co-accused in-laws committed the murder. Petitioner's counsel submitted she was implicated only on suspicion, the deceased had consumed alcoholic drink and died due to complications, cremation took place before family members and villagers, she undertook to co-operate in investigation and trial, and similarly situated co-accused had already been granted anticipatory bail vide order dated 21.06.2024 in Cr. Misc. No. 41028 of 2024. Held: in the event of arrest or surrender before the Court below within six weeks, the petitioner to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj (Rohtas), subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76066 of 2024

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Arising Out of PS. Case No.-131 Year-2023 Thana- BIKRAMGANJ District- Rohtas

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

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Sulekha Bibi W/o Rajid Khan @ Loha Khan R/o Village- Mohini, P.S.Bikramganj, District- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sadanand Roy, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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3 10-01-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends her arrest in connection with Bikramganj P.S. Case No. 131 of 2023, instituted under Sections 302, 120B/34 of the Indian Penal Code.

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As per the prosecution case, son of the informant had gone to his Sasural where he died. The informant suspects that petitioner along with other co-accused persons, who are inlaws of the deceased, have committed murder of the son of informant

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is mother-in-law of the deceased. Only on the basis of suspicion, petitioner has been made accused. It is

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Patna High Court CR. MISC. No.76066 of 2024(3) dt.10-01-2025 2/2

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further submitted that on the date of occurrence the deceased had consumed alcoholic drink and due to some complications he died. His cremation was done in the presence of family members and villagers. Petitioner undertakes to co-operate in the investigation and trial. Similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 21.06.2024 passed in Cr. Misc. No. 41028 of 2024.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 131 of 2023, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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(Sunil Dutta Mishra, J)

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rakhi/- U T

Sulekha Bibi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sulekha Bibi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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