IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25322 of 2011 Lukhri Khatoon @ Sabra Khatoon Versus The State Of Bihar -----------
03/ 13.10.2011 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner being mother-in-law of the deceased is
languishing in jail custody since 16.6.2011 in a case registered under
sections 302, 201 and 120B/34 of the IPC on the charges that she
along with the deceased had gone to forest and subsequently, she
returned and narrated false story of snake biting whereas the deceased
was brutally assaulted in forest by the petitioner and other accused.
Admittedly, none has seen the actual killing of the deceased
and the case has been instituted under section 302 of the IPC in which
there is no provision of presumption.
Therefore, considering the above stated facts and
circumstances as well as submissions of the parties, let the petitioner,
Lukhri Khatoon @ Sabra Khatoon, be released on bail on furnishing
bail bonds of Rs 10,000/- with two sureties of the like amount each to
the satisfaction of the Chief Judicial Magistrate, Jamui in Khaira P.S.
Case no. 100/2011.
shahid (Hemant Kumar Srivastava,J)