Anwari Khatun @ Anwari @ Mrs. Anvari Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2944 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- BALRAMPUR District- Katihar ====================================================== ANWARI KHATUN @ ANWARI @ MRS. ANVARI KHATUN W/o Late Ashfaque R/o Village- Baluganj, P.S.- Balrampur (Telta O.P.), Distt- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Qumrul Hoda For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the sister of the informant namely, Chaman Noori (deceased).

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. He submitted that the on the basis of suspicion, petitioner has implicated in this case. The deceased never came to reside at petitioner house and she has no concern at all either with co-accused Md. Iquabal (husband of the

Patna High Court CR. MISC. No.2944 of 2023(3) dt.24-04-2023 2/2 deceased) or with the deceased. Petitioner was not present at her house on the alleged date of occurrence as she went to meet with her relatives and stayed there two days. There is no consistent evidence no eye-witness to show the petitioner has involved in the said crime. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 12.09.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Balrampur P.S. Case No. 142 of 2022.

(Sunil Kumar Panwar, J) arish/- U T