IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25093 of 2008 1. MD.YUNUS @ MD.YONOUS 2. NASEEMA KHATOON @ JAHANA KHATOON 3. SHABIRAT KHATOON @ SABILA KHATOON …… PETITIONERS Versus THE STATE OF BIHAR …… OPP. PARTY For the petitioners : - Sri Iqbal Asit Niazi, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 4. 10.11.2008 Heard Sri Iqbal Asit Niazi, Advocate for the petitioners and Sri D. Mehta, APP for the State. The allegation against the three petitioners is that they strangulated the deceased to death. The deceased was the daughter of petitioner Md. Yunus @ Md. Yonous and step daughter of petitioner Naseema Khatoon @ Jahana Khatoon. As regards petitioner Shabirat Khatoon @ Sabila Khatoon, she is admittedly the sister of petitioner Md. Yunus @ Md. Yonous and it is contended that she resides in the same village in her own house, which is away from that of petitioner Md. Yunus @ Md. Yonous. An attempt was made by the learned counsel for the petitioners to impress upon the court that it could be a case of unnatural death that is to say of commission of suicide and that could be reason for initial institution of an U.D. Case, but after having considered the photo copy of the - 2 - post-mortem examination report, which has been received and which is available on the record of the case, the court is confirmed in its opinion that it could never be a case of suicide rather it could be a case of homicide so as to eliminating the young girl age aged about 18 years. Petitioners no. 1 and 2, who are parents of the deceased, could be accountable under Section 106 of the Evidence Act. The circumstances, which could have resulted into the death within their special knowledge. The petition is dismissed as regards petitioners Md. Yunus @ Md. Yonous and Naseema Khatoon @ Jahana Khatoon. However, as regards Shabirat Khatoon @ Sabila Khatoon, the ‘ Fua’ of the deceased, is directed to be released on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 75 of 2007. DKS/ (Dharnidhar Jha, J)