Rani Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28719 of 2022 Arising Out of PS. Case No.-784 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Rani Khatoon Wife of Md. Khalid Resident of Village - Jaimal Dumri, Repura Bazar, P.S. - Paroo, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Town P.S.Case No. 784 of 2020 for the offences punishable under Sections 20/22 of the N.D.P.S Act.

As per the prosecution case, it is alleged that the police on a secret information apprehended three persons. However, other two persons succeeded to flee away and on search 101 sachet powder, smack like substance was

Patna High Court CR. MISC. No.28719 of 2022(2) dt.06-09-2022 2/3 recovered from possession of co-accused Amit Kumar Adak @ Bengali Dada and from possession of Ishrat Pravin @ Baby Rs. 1,50000/- currency note as well as mobile, and from possession of this petitioner one mobile was recovered.

Learned counsel for the petitioner submits that from the FIR, It is evident that save and except a mobile which exclusively belongs to the petitioner, nothing has been recovered from person or possession of the petitioner. It is next submits that smack and currency note was recovered from other co-accused persons so far as the petitioner is concerned, she being lady having fair antecedent and is in custody since 03.12.2020. On the other hand, learned counsel for the State opposed the bail application of the petitioner. Regard being had to the fact that only a mobile phone has been recovered from person or possession of the petitioner and she being lady is in custody since 03.12.2020, let the petitioner, above named, 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

Patna High Court CR. MISC. No.28719 of 2022(2) dt.06-09-2022 3/3 learned Sessions Judge, Muzaffarpur in connection with Town P.S.Case No. 784 of 2020 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) she will remain present on each and every date of trial till disposal of the case.

(iii) she will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T