Nasima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19863 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

NASIMA KHATOON, aged about 26 years, (F) Wife of Aehsanullah @ Deha. Resident of Village-Badaiya Tola, Mahanwa, Police StationMajhauliya, District-West Champaran. 2.

Ajbun Nesha, aged about 25 years, (F) Wife of Khusnehal Resident of Village-Badaiya Tola, Mahanwa, Police Station-Majhauliya, District-West Champaran.

3.

Arbun Nesha, aged about 52 years, (F) Wife of Nurnehal. Resident of Village-Badaiya Tola, Mahanwa, Police Station-Majhauliya, District-West Champaran.

4.

Husneara, aged about 24 years, (F) Wife of Md. Ajamali Resident of VillageBadaiya Tola, Mahanwa, Police Station-Majhauliya, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant has alleged that on 15.01.2019 at about 8:30 A.M. when he was standing at his door all FIR named accused including petitioner armed with Katta and Rifle entered

Patna High Court CR. MISC. No.19863 of 2019(2) dt.02-04-2019 2/3 into his house and fired upon his brother and thereafter fired upon him and fled away.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Petitioners are ladies. There is general and omnibus allegation against all FIR named accused. There is no specific allegation against petitioners of any overt act. Petitioners have got no criminal antecedent and are in custody since 16.01.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Majhauliya P.S. Case No. 26 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.19863 of 2019(2) dt.02-04-2019 3/3 Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tamper 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 petitioners.

(S. Kumar, J) manoj/- U T