Heena Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28083 of 2018 Arising Out of PS. Case No.-305 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== Heena Khatoon wife of Md. Gaffur Shah Resident of Village - Purania, P.S. - Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjan Kumar Singh For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.11.2017 in connection with Lalganj P.S. Case No. 305 of 2017 for offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B) A, 28, 35 of the Arms Act.

The prosecution case, as lodged by the informant police personnel, is that on secret information that some criminals have gathered to commit crime, the police raided the place of occurrence and found five persons in two motorcycles. While three managed to escape in a motorcycle, two of them including the petitioner were apprehended and on search from the clothes of the petitioner one country-made pistol with three

Patna High Court Cr.Misc. No.28083 of 2018(2) dt.10-05-2018 2/2 live cartridges were recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and no overt act has been alleged to have been committed by the petitioner. He submits that the petitioner is in custody for nearly six months and charge-sheet has already been submitted. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 305/17, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T