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Patna High CourtCR. MISC./18754/2022bail granted

Shakeela Khatoon @ Shakeela Parabin v. The State Of Bihar

2022-12-06Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18754 of 2022 Arising Out of PS. Case No.-321 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Shakeela Khatoon @ Shakeela Parabin W/O- Late Abdul Razzaque @ Md. Razzaque, D/O- Hazrat Ali R/O Village- Dumra, P.S.- Baunsi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Krishna Pd. Singh Sr. Advocate :

Mr. Ashok Kumar Roy, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Raniganj P.S. Case No.321 of 2021 registered for the offence under Sections 302, 201, 1120(B) of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 01.11.2021.

The allegation against the petitioner is to commit murder of her husband, alongwith other co-accused persons alleged to be involved in illicit relations with one, Md. Firoz. Learned senior counsel appearing on behalf of the

Patna High Court CR. MISC. No.18754 of 2022(3) dt.06-12-2022 2/3 petitioner submitted that relation between the deceased and petitioner was strained, for which petitioner lodged a case u/s 498A of the Indian Penal Code and out of said suspicion the name of petitioner involved in the present case, without any basis. It is submitted that the allegation to develop illicit relation with Md. Firoz, is completely baseless where, nothing surfaced incriminating during the course of investigation and merely on the basis of Call Details Report (CDR), the petitioner cannot be implicated in the present case. While travelling over the argument, it is submitted that one similarly situated co-accused has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 23119 of 2022 vide order dated 27.07.2022. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as the petitioner is a lady, who is in custody since 01.11.2021 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be

Patna High Court CR. MISC. No.18754 of 2022(3) dt.06-12-2022 3/3 released on bail in connection with Raniganj P.S. Case No.321 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T