Bibi Jaitunisha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20153 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== 1.
BIBI JAITUNISHA W/o Md. Attikullah 2.
Most. Saimun Nisha W/o Late Rahmatullah Both are resident of Village - Sarisabpathi, Momin Tola, P.S.- Pandaul, Distt.- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan For the Opposite Party/s :
Mr. Tapeshwar Sharma A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioners and the State.
The petitioners pray for grant of regular bail in a case registered for the offence punishable under Sections 341/323/ 307/302/504/34 of the Indian Penal Code.
As per the prosecution case, both the petitioners have caught the informant and his brother and co-accused Md. Abdullah and co-accused Md. Tahir gave them Farsa and Lathi blow as a result of which, brother of the informant, namely, Md. Masoom succumbed to his injuries and the informant also
Patna High Court CR. MISC. No.20153 of 2021(2) dt.23-07-2021 2/3 sustained injury.
It is submitted on behalf of the petitioners that the specific allegation of assault and causing injury is against other co-accused persons and these petitioners who are ladies are alleged to have only caught hold of the deceased and the informant. Petitioners have got no criminal antecedent and they are in custody since 22.06.2020.
However, learned Additional Public Prosecutor appearing on behalf of the State vehemently opposed the bail application and submitted that these petitioners along with others have killed the deceased.
Considering the facts and circumstances of the case and the period of custody, let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No. 143 of 2020, subject to the following conditions:-
(1) Petitioners 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 their absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.20153 of 2021(2) dt.23-07-2021 3/3 reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T