Amna Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17266 of 2021 Arising Out of PS. Case No.-555 Year-2018 Thana- KOTWALI District- Munger ====================================================== AMNA KHATOON Wife of Abdul Ehlam Resident of Village - Mirzapur, Bardah, P.S. - Muffasil, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 121, 379, 414, 120(B)/34 of the Indian Penal Code, u/s 25(1-AA), 25(1-B)a, 26/35 of Arms Act and u/s 39 of the U.A.P. Act.

As per the prosecution case, on secret information, a raid was conducted and three accused persons, named in the FIR, were arrested with arms and ammunition. The apprehended accused persons disclosed the name of petitioner and others who managed to flee away after seeing the police. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. Name of petitioner has come during the course of investigation on the basis of disclosure made by other accused persons, who were arrested on

Patna High Court CR. MISC. No.17266 of 2021(3) dt.26-07-2021 2/3 the spot. No arms and ammunition were recovered from the possession of the petitioner. The only material has come against the petitioner that she assisted other accused persons in hiding arms and ammunition in her house Petitioner is in custody since 23.09.2020. Many other co-accused persons have already been granted bail by this court vide orders passed in Cr. Misc. No. 38176/2020, 1767 of 2020 and in Cr. Misc. No. 39864/2019. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Kotwali (Purab Sarai O.P.) PS case No.555/2018 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.17266 of 2021(3) dt.26-07-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T