Noor Jahan Khatoon @ Nurjanha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17339 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Noor Jahan Khatoon @ Nurjanha Khatoon, wife of Md. Akhtar Ansari @ Md. Akhtar, resident of Village-Sukhanagar Court, P.S. -Pratapganj, DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 10.08.2018 in a case registered for the offences punishable under Sections 394, 307, 328 and 397 of the Indian Penal Code.

The prosecution case got initiated on the Fardbeyan of Arjun Yadav, recorded by S.I., Santosh Kumar Singh, SHO Police Station on 10.08.2018 at 5.00 P.M., to the effect that on the same day 1.00 P.M., five persons came to the informant to hire his vehicle for the purpose of travelling to Phulparas, but on the way, they got the vehicle stopped and purchased cold drink known as 'Maza' contained in a bottle. Thereafter, co-

Patna High Court CR. MISC. No.17339 of 2019(2) dt.27-03-2019 2/3 accused Akhtar Baitha offered cold drink to the informant in a disposable glass, as soon as the informant drank the cold drink, he felt headache and dizziness due to intoxicating material mixed in the cold drink. In the meantime, the accused persons, including the petitioner, tried to snatch the vehicle of the informant, but on alarm being raised by the informant, the nearby people came. Thereafter, the accused persons disclosed their names as Md. Akhtar Ansari, Noorjahan Khatoon, the petitioner, Gaurav Kumar, Rupesh Kumar and Hira Lal Yadav, leading to registration of FIR against them. It is further alleged that the vehicle was hired at the behest of co-accused Hira Lal Yadav.

It is submitted by learned counsel for the petitioner that no specific accusation has been levelled against the petitioner and the petitioner being a lady was simply travelling thorough the vehicle in question. It is further alleged that similarly situated co-accused Rupesh Kumar Thakur and Gaurav Kumar Jha have been granted bail by a Co-ordinate Bench of this Court vide order dated 08.10.2018 passed in Criminal Miscellaneous No. 62120 of 2018 and the investigation has already been concluded.

Learned APP for the State submits that the petitioner

Patna High Court CR. MISC. No.17339 of 2019(2) dt.27-03-2019 3/3 is named in the FIR.

Considering the fact that the investigation has already been concluded, petitioner being a lady, the FIR does not suggest specific accusation against the petitioner coupled with the statement being made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned ACJM-I, Jhanjharpur, Madhubani, in connection with Bhairab Asthan P.S. Case No. 87 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T