Jasima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23753 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== JASIMA KHATOON W/o Late Md. Masuk , D/o Md. Heera R/o villageBhagwatipur, P.S.- Pandaul, District- Madhubani. Presently residing at Village- Kanhauly, Police Station- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his cousin brother was having differences with the accused persons who were the members of his in-laws family as also his wife, the petitioner herein. The informant states that his cousin brother was stating that his wife, the petitioner herein was having an extra marital affair. The informant further states that all the accused persons entered into a criminal conspiracy and murdered his cousin brother. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.23753 of 2022(4) dt.12-01-2023 2/2 that the petitioner who happens to be the wife of the deceased has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. No direct evidence has transpired in course of investigion to connect the petitioner with the alleged crime who happens to be a lady and is in custody since 17.9.2021. She has no criminal antecedent and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation together with the petitioner having remained in custody for more than 1 year 3 months since 17.9.2021, chargesheet having been submitted in the case and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Bhairabsthan P.S. Case no.107 of 2021/ G.R.No.1571 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jhanjharpur, DistrictMadhubani. (Partha Sarthy, J) Bibhash/- U