Jamila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24024 of 2020 Arising Out of PS. Case No.-23 Year-2018 Thana- NIMACHANDPURA District- Begusarai ====================================================== Jamila Khatoon W/o Late Md. Gudhi @ Jumman Mian Resident of VillageKusmaut, P.S-Nimachandpura, District-Begusarai, presently residing at village-Sadpur, P.S.-Sahebpur Kamal, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.S.M.Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Nimachandpura P.S. Case No. 23 of 2018, registered for the offence punishable under Sections 302, 364, 201, 34 of the Indian Penal Code. As per prosecution case, the sister of the informant, who was a PDS dealer, had gone to attend a meeting on 15-03-2018, but she did not return and the informant raised suspicion of kidnapping of his sister.

It is submitted on behalf of petitioner that FIR has been lodged against unknown, but during course of investigation, name of Md. Alam, Khushboo Khatoon and others was transpired. Petitioner happens to be mother of Md. Alam and mother-in-law of Khushboo Khatoon and as such, she has been dragged in this case only due to suspicion. It is further

Patna High Court CR. MISC. No.24024 of 2020(2) dt.17-09-2020 2/2 submitted that other co-accused persons namely Md. Alam, Khushboo Khatoon and Md. Salim have already been granted bail by this Court, vide Annexure - 2 to the petition. The petitioner, who is a lady aged about 71 years, is in custody since 19-12-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nimachandpura P.S. Case No. 23 of 2018 on the following conditions:

"(1) Petitioner shall cooperate 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 on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T