Rizwana Begum @ Rizwana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30746 of 2023 Arising Out of PS. Case No.-334 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Rizwana Begum @ Rizwana Khatoon Wife Of Md. Khurshid @ Md. Khurshid Alam R/O Village- Bardah Mirjapur, P.S.- Mufasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 121, 379, 414, 120B/34 of the Indian Penal Code and Sections 25(1-A), 25(1-AA), 25(1-B)A, 26, and 35 of the Arms Act and Section 39 of UAP Act.

3. As per FIR, the co-accused, namely, Aman Khatoon was apprehended on the spot while she was trying to flee and upon search and her confession two AK-47 rifles were recovered from a pit situated at South-West corner of outer wall of a Kabristan.

4. It is submitted by learned counsel for the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on the basis of confessional

Patna High Court CR. MISC. No.30746 of 2023(4) dt.04-10-2023 2/2 statement of co-accused. The petitioner is not named in the FIR nor she was apprehended on the spot and nothing incriminating article has been recovered from her conscious possession. As per Annexure-2 series, the other co-accused has already been enlarged on bail by another coordinate Bench of this Court vide order dated 22.03.2021 passed in Cr. Misc. No. 35803 of 2020. The petitioner is languishing in judicial custody since 03.03.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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, Munger in connection with Muffasil P.S. Case No. 334 of 2018.

(Sunil Kumar Panwar, J) Manishkumar/- U T