Samima Khatoon @ Sahima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28045 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -PANCHRUKHI District- SIWAN ======================================================

1. SAMIMA KHATOON @ SAHIMA KHATOON wife of Serajuddin @ Serajuddin alam Resident of Village - Hardiya Paschim Tola, P.S. - Pachrukhi, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pachrukhi P.S.Case No.177 of 2016 registered for offences punishable under Sections 302 &120(B)/34 of the Indian Penal Code.

Petitioner is mother-in-law of the deceased and the case is under Section 302 and other Sections of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner, who is mother-in-law and the father-in-law, against whom there is similar nature of allegation, has already been granted bail by this Court vide order dated 3.5.2017 passed in Cr.

Patna High Court Cr.Misc. No.28045 of 2017 (3) dt.18-07-2017 2/3 Misc, No.21471 of 2017. The petitioner is in custody for about three months.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that daughter and son of the deceased has made statement before the police, in which the involvement of the petitioner is found there Having heard both sides and from perusal of the impugned order, it appears that though the son and daughter of the deceased have stated before the police about involvement of the petitioner but no specific allegation has been made against him rather the petitioner has been falsely implicated. Considering the aforesaid facts and also considering the fact that the petitioner is a lady and there is no specific allegation against her, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.- VI, Siwan in connection with Pachrukhi P.S.Case No.177 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial

Patna High Court Cr.Misc. No.28045 of 2017 (3) dt.18-07-2017 3/3 and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U