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Patna High CourtCR. MISC./20460/2021bail granted

Shahnaj Begam v. The State Of Bihar

2021-09-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20460 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== Shahnaj Begam W/O Md. Abdul Gaffar Resident of Village- Bacharpur, Ward No.12, P.S.- Pupri, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Purnendu Singh, Adv.

Mr. Akshansh Ankit, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, the accused persons including Abdul Gaffar, Gulzar and Dilshad are stated to have given blow with mungari and knife on the son of the informant leading to his death. The petitioner is stated to be one of the accused who caught hold of the deceased. It is further stated that other accused persons including Jamil Akhtar, his wife and daughter also assaulted. The son of the informant died in course of the treatment.

Patna High Court CR. MISC. No.20460 of 2021(2) dt.17-09-2021 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. While the occurrence is alleged to have taken place on 11.6.2020 at 9 pm, inspite of the police station being at a distance of only 3 km, there is no explanation as to why information was given to the police station on 12.6.2020 at 7.30 pm. No overt act has alleged against the petitioner who is a 45 years old woman having no criminal antecedent. The petitioner is in custody since 20.8.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Pupri P.S. Case no. 148 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Pupri. (Partha Sarthy, J) Bibhash U