Ayasha Begum v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33346 of 2021 Arising Out of PS. Case No.-353 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Ayasha Begum Wife of Md. Lukman Resident of Village - Mirjapur Bardah, Police Station - Muffasil, District - Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Choudhary For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.
The petitioner seeks bail in Muffasil P.S. Case No. 353 of 2018, 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 the UAP Act.
On the basis of self statement of informant (police official) present FIR has been lodged. Allegation is that coaccused Ajmeri Begum concealed parts of AK 47 rifle in her field situated in the Bank of Ganges. The informant along with others reached there and started searching, excavation work was also started. During course of excavation parts of AK 47 rifle in huge quantity kept in plastic bag were recovered from the field. It is submitted on behalf of the petitioner that no arms
Patna High Court CR. MISC. No.33346 of 2021(3) dt.21-10-2021 2/2 and ammunitions has been recovered from possession of this petitioner. Recovery has been made from a field belongs to coaccused Ajmeri Begum and petitioner has been made accused only because she is wife of co-accused Md. Lukman. Petitioner is in custody since 27.11.2019.
Considering the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) 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. 353 of 2018, subject to following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T