Sajina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36214 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Sajina Khatoon, wife of late Hasimuddin, resident of village- Patharaha, Ward No. 6, P.S.- Narpatganj (Ghurna O.P.), District - Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-09-2016 As prayed, learned counsel for the petitioner is permitted to make necessary corrections in paragraph 9 of the petition in course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner apprehends her arrest for the offences alleged under Section 302/34 of the Indian Penal Code registered in connection with Narpatganj (Ghurna) P.S. Case No. 86 of 2016.

4. It is submitted that the petitioner being the mother-inlaw of the deceased has been falsely implicated and the entire thrust of accusation is against the husband of the deceased. Petitioner was living separately with her elder son Azimullah and had no concern with the day-to-day affairs of the deceased and her husband. Similarly situated accused persons, namely, Azimullah and Rubbi have been granted anticipatory bail by this Court in Cr. Misc. No. 27558 of 2016.

5. 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 communication of this order, let the above named petitioner be

Patna High Court Cr.Misc. No.36214 of 2016 (2) dt.08-09-2016 2/2 released on bail on furnishing bail bonds 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 Narpatganj (Ghurna) P.S. Case No. 86 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following 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 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) B.T/Ibrar U T