Khalmula Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2474 of 2022 In CRIMINAL APPEAL (SJ) No.3685 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- DAUDPUR District- Saran ====================================================== KHALMULA KHATOON W/o Maulbi Mian R/o Village - Madansath,P.S. - Daudpur, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2022 The petitioner and two other accused persons of this case were granted anticipatory bail in connection with Daudpur P.S. Case No. 88/2021 instituted for the offences under Sections 341, 323, 324, 504, 379, 427, 506 and 34 of the Indian Penal Code and Section 3(1)(2)(S) of SC/ST Act, vide order dated 07.10.2021 passed in Cr. Appeal (SJ) No. 3685 of 2021.

However, at the time of furnishing of bail bonds, the Aadhar Card of petitioner no. 3 disclosed that her name was recorded as Khatlum Khatoon, wife of Molwa Miyan. The address of petitioner no. 3 is correctly stated in the Aadhar Card.

Patna High Court CR. MISC. No.2474 of 2022(2) dt.02-02-2022 2/3 The learned counsel for the petitioner has submitted that it would take a long time for the petitioner no. 3 to get necessary correction made in the Aadhar Card and has in that circumstance prayed that the order dated 07.10.2021 be modified to the extent that the alias name of the petitioner be added in the petition as Khaltum Khatoon, wife of Molwa Miyan.

Such a prayer is untenable as Moulbi Mian himself has been granted anticipatory bail and his identity is not in dispute.

However, this Court, under the circumstances, deems it appropriate to direct the Trial Court that in case the petitioner no. 3 surrenders before the court below and seeks bail and shows her identity / Aadhar Card and the court is satisfied from other materials brought on record that the petitioner no. 3 is the same person as the one whose Aadhar Card is being furnished and who was the petitioner before this Court, the privilege of bail shall be accorded to her. The court below, for his satisfaction, may accept the statement of local / panchayat functionaries in that

Patna High Court CR. MISC. No.2474 of 2022(2) dt.02-02-2022 3/3 regard.

In order to facilitate petitioner no. 3 to take advantage of the order dated 07.10.2021, she would be permitted to surrender before the court below for seeking bail within a period of four weeks hereafter. The order dated 07.10.2021 is modified to the extent indicated above.

The modification application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T