Patna High CourtCR. MISC./19639/2016bail granted

Jarina Khatoon And ANR v. The State Of Bihar

2016-05-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19639 of 2016 Arising Out of PS.Case No. -187 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Jarina Khatoon ( Matin Mia Ki Patni ) W/o Md. Matin

2. Gajala Pravin @ Rani D/o Md. Matin Both Residents of village - Bahrampur Tola, Maskan dargah, Police Station Bachhwara, District - Begusarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2016 Heard Sri Sanjay Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are ladies, apprehending their arrest in connection with Bachhwara P.S. Case No.187/15 registered for the offence under Sections 328, 302/34 of the Indian Penal Code, have prayed for grant of anticipatory bail. Learned counsel for the petitioners submits that though the petitioners were named as accused in the F.I.R., but fact remains that during investigation, accusation was found not true and, as such, the police submitted final report. However, learned Chief Judicial Magistrate differing with the police report has passed order of cognizance. He further submits that it is not

Patna High Court Cr.Misc. No.19639 of 2016 (2) dt.19-05-2016 2/2 probable that the victim, who was administered poison by the accused, can be provided with mobile to call his parents. Moreover, he submits that the both the petitioners are ladies. In view of facts and circumstances, particularly the fact that the both petitioners are ladies, let the petitioners, namely, (i) Jarina Khatoon (ii) Gajala Pravin @ Rani, in the event of their arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Pankaj Pandey, learned Judicial Magistrate, 1st Class, Begusarai in connection with Bachhwara P.S. Case No.187/15 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U