Dimple Khatoon @ Simpal Khatoon @ Simpal @ Dimple Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10754 of 2025 Arising Out of PS. Case No.-347 Year-2019 Thana- GAYA (R.T) District- Patna ====================================================== Dimple Khatoon @ Simpal Khatoon @ Simpal @ Dimple Khatoon W/O Mohammad Chotu @ Md. Chotu Resident of village- Moh, House No.- 201, P.s- Kotwali, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate :
Mr. Aryan Singh, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2025 Heard Mr. Manish Kumar No.2, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP representing the State.
2. The petitioner is apprehending her arrest in connection with Gaya Rail P.S. Case No. 347 of 2019 for the offence under Sections 302, 120(B), 201 and 34 of the Indian Penal Code, lodged on 07.09.2019 by the informant, Bhagya Shree.
3. As per the prosecution story, the informant came to know about the recovery of dead body of his maternal uncle by the G.R.P, Gaya. Upon reaching there it was found that an U.D. case has been registered, however, the informant raised suspicion of murder against six suspects including this petitioner. This led to the F.I.R.
4. Learned counsel for the petitioner submits that she
Patna High Court CR. MISC. No.10754 of 2025(4) dt.02-07-2025 2/3 is a lady, only on suspicion, dragged in the case, the Police submitted final form so far as this petitioner is concerned, while charge sheet was submitted against Banti Kumar @ Akhilesh @ Barku. Later, the court differing from the final form took cognizance necessitating this petition. Further submission is that if granted relief, she shall be diligently appearing in trial.
5. Earlier, the coordinate Bench had called for the case diary while directing the petitioner to file supplementary affidavit which is on record.
6. Learned APP opposes the prayer for bail submitting that the Police has now taken cognizance in the matter.
7. Considering the submissions put forward by the parties as also the fact that the petitioner has no criminal antecedent, earlier charge sheet was submitted against Banti Kumar @ Akhilesh @ Barku, allegation is there, she will be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya, in
Patna High Court CR. MISC. No.10754 of 2025(4) dt.02-07-2025 3/3 connection with Gaya Rail P.S. Case No. 347 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T