Jarina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77274 of 2018 Arising Out of PS. Case No.-272 Year-2018 Thana- JOGBANI DistrictAraria ====================================================== Jarina Khatoon Wife of Jalil Mian, Resident of Village- Tikulia Basti, P.S.- Jogbani, District- Araria.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Gopal Kumar Jha, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 414/34 of the Indian Penal Code and 27(II) 28 Red Real/36 Drugs and Cosmetic Act registered in connection with Special Case Case No. 706 of 2018 arising out of Jogbani P.S. Case No. 272 of 2018.
3. It is submitted that the petitioner has been falsely implicated merely on extra judicial confessional statement of coaccused Jitan Kumar Sah from whom recovery was made, except which there is no other material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of
Patna High Court Cr.Misc. No.77274 of 2018(2) dt.17-01-2019 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 272 of 2018, G.R. No. 3213 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) The petitioner will be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T