Phoolbano Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49951 of 2014 Arising Out of PS.Case No. -311 Year- 2012 Thana -CHANPATIA District- WEST CHAMPARAN (BETTIAH) ====================================================== Phoolbano Khatoon, Wife of Israj Mian @ Israj Ansari, Resident of Village- Kokiladih, Polcie Station - Sirisia O.P. (Chanpatia), Dist.-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kishun Prasad, Adv. For the Opposite Party/s : Mr. Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Supplementary affidavit filed on behalf of the Petitioner, be kept on the record.

The case has been taken up for out of turn hearing on the ground that a child of the petitioner aged about two years has been referred for treatment to Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow.

Heard learned counsel for the Petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code.

Considering that there is no direct material against the Petitioner and there is only speculation with regard to the

Patna High Court Cr.Misc. No.49951 of 2014 (2) dt.22-01-2015 2/3 same, let the petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Sessions Trial No. 512 of 2013 arising out of Sirisia O.P. (Chanpatia) P.S. Case No. 311 of 2012, 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 bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) 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.

Patna High Court Cr.Misc. No.49951 of 2014 (2) dt.22-01-2015 3/3 be liable to be cancelled.

(Anjana Prakash, J) S.Ali/- U T