Jubeda Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4462 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== JUBEDA KHATOON W/o Late Kurban Ansari Resident of Village - Parsa, P.S. Kishanpur, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary For the Opposite Party/s :
Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Kishanpur P.S. Case No. 127 of 2021, G.R. No. 1235 of 2021, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
As per allegation, the dead body of the deceased was recovered from the house of the petitioner, which was buried inside the room.
The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as per Para No. 29 of the
2/4 case-diary, three accused persons, the present petitioner, Md. Motin and Ajmeri Khatoon, who were son and daughterin-law of the deceased respectively, had strangulated the victim on account of the altercation taken place between them. He further submits that the aforesaid two accused persons, namely, Md. Motin and Ajmeri Khatoon have already been enlarged on anticipatory bail vide order dated 26.04.2022 passed in Cr. Misc. No. 6361 of 2022. The petitioner has been languishing in jail since 02.07.2021.
It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.
However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /-
3/4 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. C.J.M., Supaul in connection with Kishanpur P.S. Case No. 127 of 2021, G.R. No. 1235 of 2021 on the following conditions:
(i) The petitioner will make herself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. She must be available to the police or the court whenever her presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedent despite her
4/4 knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T