Zahida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9763 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- SOHSARAI District- Nalanda ====================================================== Zahida Khatoon, wife of Md. Mustafa @ Mustafa Mian, resident of MohallaKhasganj, P.S.- Sohsarai, at Present Bhaisasoor, P.S.- Laheri, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Sohsarai P.S. Case No. 72 of 2018 registered under Section 304 and 326/34 of the Indian Penal Code and Sections 3, 4, 5 and 12 of the Explosive Substance Act.

The accusation is that on 22.03.2018, at about 10.30 P.M., informant, all of sudden, heard the sound of blast towards village Khasganj then he along with other police personal reached there and came to know that Sarfaraj Ahmad used to reside in the rented house of Zahida Khatoon (petitioner) and he used to do the business of crackers. Sarfaraj Ahmad also kept the crackers in the rented house of petitioner and in the blast of crackers, rented house of petitioner and adjacent houses were damaged and in the aforesaid

Patna High Court CR. MISC. No.9763 of 2019(4) dt.21-06-2019 2/2 blast, three children of Sarfraj Ahmad were died. Learned counsel for the petitioner submits that admittedly, the house in question was in the name of mother of petitioner but mother of the petitioner transferred the said house in the name of the petitioner and she gave her house to Sarfaraj Ahmad for residential purpose and she has no knowledge about keeping the crackers and other explosive materials in the rented house. Further submission is that petitioner, who is lady, is not residing in the aforesaid house.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Sohsarai P.S. Case No. 72 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T