Samina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34301 of 2017 Arising Out of PS.Case No. -50 Year- 2012 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Samina Khatoon, wife of Isarail, resident of village- Mahinathpur, P.S. Rajnagar, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-08-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Rajnagar P.S. Case No.50 of 2012 instituted for the offence under Section(s) 365, 367, 370, 506 Indian Penal Code. It has been submitted that there is specific allegation against the husband of this petitioner, namely, Md. Israil. Husband of the petitioner has already been granted bail by a coordinate Bench of this Court by order dated 20.05.2015 passed in Cr. Misc. No.47383 of 2014.

From the Complaint Petition, it appears that there is general and omnibus allegation against the petitioner that she was also standing near the tempo along with other accused persons. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.34301 of 2017 (3) dt.22-08-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Rajnagar P.S. Case No.50 of 2012, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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.