Chuni Khatoon @ Chunni Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78974 of 2018 Arising Out of PS. Case No.-806 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Chuni Khatoon @ Chunni Khatoon W/o- Md. Ashfaque, Resident of villageBhirkhi, Ward No. 24 P.S. Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Sri Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Madhepura P.S. Case No. 806 of 2018 registered for the offences punishable under Section 414 of the Indian Penal Code.

Informant who is police officer has received a secret information that some ladies are in the market near the jewelry shop to commit theft. The informant reached said place and apprehended four ladies including petitioner and on search huge quantity of ornaments which looked like gold were recovered from their possession.

It has been submitted on behalf of the petitioner that she is innocent and has committed no offence. she has been falsely implicated in this case due to enmity and grudge. The

Patna High Court Cr.Misc. No.78974 of 2018(2) dt.29-01-2019 2/2 name of petitioner has surfaced on the confessional statement of co-accused persons. Nothing incriminating articles has been recovered from the conscious possession of the petitioner. Similarly placed co-accused have been granted bail by coordinate bench of this court passed in Cr. Misc. No. 3475 of 2019 vide order dated 25.01.2019. Petitioner is in custody since 07.10.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Madhepura, in connection with Madhepura P.S. Case No. 806 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 Court and her absence on two consecutive dates without sufficient reasons, her bail bond shall be cancelled by the court below.

(3) If the 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.

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