Bibi Jahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1837 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- PALASI District- Araria ====================================================== BIBI JAHANI W/o Sohrab @ Md. Soharab Resident of Village - Kamat, P.s.- Jokihat, Distt.- Araria, At Present resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that her husband proceeded from his house stating that he would return soon but thereafter neither did he return nor was the informant able to contact him on his mobile phone. He was not to be found inspite of search. The informant further states that over some dispute, her husband had some difference with Md. Badrul and Md. Afaque Alam and subsequently the dead body of the informant's husband was recovered. She states
Patna High Court CR. MISC. No.1837 of 2022(3) dt.06-01-2023 2/3 that the petitioner and two other coaccused have hand in the murder of her husband.
It is submitted by learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. From the contents of the FIR itself it would transpire that the informant is not an eye witness to the occurrence. Even as per the FIR, the differences of the informant's husband was with the other two named coaccused and not the petitioner herein, who happens to be a lady who has been falsely implicated only on the basis of some unfounded suspicion. She is in custody since 9.10.2021, charge sheet has been submitted in the case and she has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the material that has transpired in course of investigation, the petitioner being in custody for more than a year since 9.10.2021 and charge sheet has been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Palasi P.S. Case no.190 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.1837 of 2022(3) dt.06-01-2023 3/3 Additional Chief Judicial Magistrate 1st , Araria. (Partha Sarthy, J) Bibhash/- U