Khushnuda Khatoon @ Buchai Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14473 of 2017 Arising Out of PS.Case No. -112 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Khushnuda Khatoon @ Buchai Khatoon, Wife of Quraish Sheikh, resident of village - Chand Barwa, P.S. Sathi, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Sathi P.S. Case No. 112 of 2016 instituted for the offence under Sections-413, 414/34 of the Indian Penal Code.

It has been submitted that there is no criminal antecedent of the petitioner. She has been implicated in this case merely on suspicion. As per the written report, the police searched the house of Alamgir and the articles mentioned in the seizure list were recovered. The said Alamgir disclosed that Kalamun Nisha residing in Punjab was running Gang. This petitioner is said to be sister of aforesaid Kalamun Nisha. It is alleged that electric wire and other articles as mentioned in the written report, have been recovered from one of the rooms of house of the petitioner. The C.D. has been received.

Learned APP has submitted that no TIP of the aforesaid articles was done by the police to substantiate that those

Patna High Court Cr.Misc. No.14473 of 2017 (3) dt.07-04-2017 2/2 articles were stolen property. It is mentioned at paragraph-3 of the petition that the petitioner has no criminal antecedent. Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of her arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sathi P.S. Case No. 112 of 2016 to the satisfaction of Sri N.P.

Singh, learned Judicial Magistrate-Ist Class, Bettiah, West Champaran subject to conditions as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.