Patna High Court - Orders
Serajuddin Khan vs The State Of Bihar on 14 May, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 85095 of 2023
Arising Out of PS. Case No.-214 Year-2023 Thana- HUSSAINGANJ District- Siwan
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1. Serajuddin Khan Son of Late Ali Sher Khan Resident of Village - Gosopali,
Police Station - Hussainganj, District- Siwan.
2. Shabna Khatoon @ Chhotki @ Shabana Praween Wife of Wasim Raza
Resident of Village - Bharatpura, Police Station - G.B. Nagar, District-
Siwan.
3. Ajmeri Khatoon Wife of Nayeem Khan Resident of Village- Harnatar, Police
Station - Mairwa, District- Siwan.
4. Angoori Khatoon Wife of Arsad Khan Resident of Vilage - Hardiya, Police
Station- Pachrukhi, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 21424 of 2024
Arising Out of PS. Case No.-214 Year-2023 Thana- HUSSAINGANJ District- Siwan
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1. Najma Khatoon @ Subbi Khatoon W/o Late Azad Khan R/o vill - Gosopali,
P.S. - Hussianganj, Distt. - Siwan
2. Harun Khan Son of Serajuddin Khan R/o vill - Gosopali, P.S. - Hussianganj,
Distt. - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 25754 of 2024
Arising Out of PS. Case No.-214 Year-2023 Thana- HUSSAINGANJ District- Siwan
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Amna Khatoon Wife Of Serajuddin Khan Resident Of Village- Gosopali, Ps-
Hussainganj, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Patna High Court CR. MISC. No.85095 of 2023(7) dt.14-05-2024
2/4
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 85095 of 2023)
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the State : Mr.Akbar Ali
For the Informant : Mr. Rakesh Kumar Shrivastava
(In CRIMINAL MISCELLANEOUS No. 21424 of 2024)
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the State : Mr.Upendra Kumar
(In CRIMINAL MISCELLANEOUS No. 25754 of 2024)
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the State : Mr.Rajendra Prasad Nat
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 14-05-2024Earlier, vide order dated 30.04.2024, the bail petition of petitioner no. 2 Harun Khan (in Cr.Misc. No. 21424 of 2024) already stood dismissed as withdrawn.
2. Petitioners of all the aforesaid three cases apprehend their arrest in Hussainganj P.S. Case No. 214 of 2023, registered for the offence under Sections 302, 120(B) of the Indian Penal Code.
3. In Cr.Misc. No. 85095 of 2023, petitioner no. 1 is father-in-law and petitioner nos. 2 to 4 are married sister-in-law (nanad) of the deceased, whereas, in Cr.Misc. No. 21424 of 2024, the petitioner namely Najma Khatoon @ Subbi Khatoon is Gatani of the deceased, and in Cr.Misc. No. 25754 of 2024, the petitioner namely Amna Khatoon is mother-in-law of the deceased.
4. Learned counsel for the petitioners submits that husband of the deceased has already surrendered in the learned Patna High Court CR. MISC. No.85095 of 2023(7) dt.14-05-2024 3/4 Court below. So far as aforesaid petitioners are concerned, there is general and omnibus allegation. Petitioners are separate in mess and property and have got no concern with the family affairs of deceased and her husband.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the prayer for anticipatory bail of petitioners and submitted that these petitioners were also instrumental in causing death of the deceased. The post-mortem report also supports the prosecution case.
6. However, considering the aforesaid facts and circumstances and the fact that petitioners are in-laws members of the deceased and there is general and omnibus allegation against them, the prayer for anticipatory bail of petitioners is allowed.
7. Let the petitioners namely Serajuddin Khan, Shabna Khatoon @ Chhotki @ Shabana Praween, Ajmeri Khatoon & Angoori Khatoon (in Cr.Misc. No. 85095/2023), Najma Khatoon @ Subbi Khatoon (in Cr.Misc. No. 21424/2024) and Amna Khatoon (in Cr.Misc. No. 25754/2024), in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds Patna High Court CR. MISC. No.85095 of 2023(7) dt.14-05-2024 4/4 of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IX, Siwan in connection with Hussainganj P.S. Case No.214 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay
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