Munni Khatoon @ Minara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43466 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Munni Khatoon @ Minara Khatoon W/o Jawadul R/o Village- Bansdol, P.S.- Baisi, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.06.2016 in connection with Baisi P.S. Case No. 83 of 2016 registered for the offence punishable under Section 302 of the Indian Penal Code.

The prosecution case is that the informant was the second wife of one Jawadul and the petitioner was the first wife and there was always quarrel between the two wives. It has been alleged by the informant that on the alleged date of occurrence, petitioner has killed her 2 - 2 1⁄2 years old son while he was sleeping.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.43466 of 2016 (4) dt.16-12-2016 2/3 the petitioner that there is no eye-witness to the alleged occurrence and the petitioner has been implicated only on the ground of suspicion. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the materials available as well as charge-sheet having been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 83 of 2016.

This direction for bail is, however, subject to the condition that petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear in the learned Court below, as and when directed.

Patna High Court Cr.Misc. No.43466 of 2016 (4) dt.16-12-2016 3/3 With these observations and directions, this application stands allowed.

(Nilu Agrawal, J.) Arjun/- U T