Nargish Saba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11057 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== NARGISH SABA Wife of Md. Manir Resident of Village - Paroo Majhaulia, Dakshin Tola, P.S.- Paroo, District - Muzaffarpur, Presently Residing At Mohalla - Jakaria Colony Sadpura, P.S.- Kazimohammadpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 & 302 of the Indian Penal Code.

As per prosecution case, the informant alleged that her daughter, aged about 4 years went outside for taking some goods from the shop, when she did not return, inquiry was conducted but her daughter was not found. Subsequently, the dead body of the child was recovered. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.11057 of 2023(3) dt.11-07-2023 2/2 falsely been implicated in this case on the basis of CCTV footage. The prosecution case lodged against unknown but during course of investigation, the informant gave second fardebeyan and raised suspicion against this petitioner as well as others. There is no any eye-witness of the alleged offence. No any consistent material came against the petitioner which connect him with the alleged occurrence. The petitioner, being a lady, has got no criminal antecedent and languishing in judicial custody since 7.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the petitioner, being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kazi Mohammadpur P.S. Case No. 347 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, (East) Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T