Moimun Nisha @ Maimun Nisha @ Maimun Nesha @ Maimul Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35809 of 2015 Arising Out of PS.Case No. -354 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Moimun Nisha @ Maimun Nisha @ Maimun Nesha @ Maimul Nisha, wife of Yajuddin Ansari @ Riyazuddin Ansari, resident of village- Bari Bazar, Ward No.- 12, Mohania P.S.- Mohania, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Sharma, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5/ 22-06-2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offence under Section(s) 395, 397, 412 Indian Penal Code. Prayer of the Petitioner for bail was earlier rejected by this Court.

Considering that the Petitioner undertakes to be physically present on each date of trial as also her father also undertakes her responsibility, let the Petitioner, above named, be released on bail on furnishing bail bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the 3rd

Patna High Court Cr.Misc. No.35809 of 2015 (5) dt.22-06-2016 2/2 Additional Sessions Judge, Kaimur at Bhabhua, in connection with Bhabhua P.S. Case No.354 of 2014 giving rise to Sessions Trial No.10 of 2015/03 of 2015, subject to the conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, and (iii) That the petitioner shall be physically present on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Anjana Prakash, J) JA/- U T