Asghari @ Ajghari Begum @ Asghari Begum v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7613 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -RAUTA District- PURNIA ======================================================
1. Asghari @ Ajghari Begum @ Asghari Begum, W/o Md. Rajabul, R/o Pandalpur, P.S.- Rauta, District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 09.09.2017 in connection with Rauta P.S. Case No. 75/2017 for the offences registered under Sections 341, 323, 325, 507, 448/34 of the Indian Penal Code, but later on Section 302 of the Indian Penal Code was also added.
Learned counsel for the petitioner submits that admittedly no overt act has been specified against the present petitioner and the allegations as levellled against her are of general and omnibus nature. Only one injury is found on the person of the deceased lady. It has further been submitted that the dispute between the parties was only on account of capturing of a she-goat
Patna High Court Cr.Misc. No.7613 of 2018 (3) dt.27-02-2018 2/3 and not on account of any previous dispute or enmity. Having considered the entire facts and that the petitioner has already remained in custody for about six months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Purnea in connection with Rauta P.S. Case No. 75/2017, subject to the following conditions:-
(1) One of the bailors will be his own relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so
Patna High Court Cr.Misc. No.7613 of 2018 (3) dt.27-02-2018 3/3 required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J.) Rakhi U T