Nagma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8551 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== NAGMA KHATOON Wife of Md. Shahnawaz @ Fateh Alam Resident of Village - Pokharla Nawab Chowk, Ward No. 37 ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Kumari Sinha For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 287 of 2018 (G.R. No. 2138 of 2018) registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code. Informant has alleged in his written complaint that he was informed by his son in law that his daughter is missing from matrimonial home. On information, he reached at her inlaws house, where Nagma Khatoon told him that her husband Md. Shahnwaz has kidnapped her daughter. On 26.05.2018 at 9:00 AM a foul smell was noticed from his house then he informed the police and search was made in the house of Md.

Patna High Court CR. MISC. No.8551 of 2019(3) dt.03-04-2019 2/3 Shahnwaz, one box was opened in which her dead body was kept hidden.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and she is sister in law of the deceased. It has been further submitted that she is well wisher of informant and also she has informed the informant about the kidnapping of his daughter. Petitioner has no criminal antecedent and she is in custody since 29.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil P.S. Case No. 287 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient

Patna High Court CR. MISC. No.8551 of 2019(3) dt.03-04-2019 3/3 reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T