Bibi Praveen @ Praveen Khatoon @ Kurseda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27991 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- SIKTI District- Araria ====================================================== Bibi Praveen @ Praveen Khatoon @ Kurseda Wife of Mosim R/o VillageKachana Ward No. 04, P.S.- Sikty, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP For the Informant :
Mr. Vijay Kishore Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.
2. In this present case, the petitioner seeks bail in connection with Sikty P.S. Case No. 165 of 2024 registered for the offences under Sections 126(2), 109 and 61(2) of the B.N.S.
3. As per prosecution case, co-accused called the husband of the informant to her house where the petitioner and other co-accused persons assaulted him. The husband of the informant died during his treatment.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is a lady and there is no specific allegation against her. Petitioner is resident of village Kachana whereas the place of occurrence is village Belguri and
Patna High Court CR. MISC. No.27991 of 2025(2) dt.07-05-2025 2/3 distance between both the villages is 5 KM. Petitioner is not related either with other co-accused persons or the informant but due to ill motive and at the instance of her enemies, she has been falsely implicated in this case. FIR has been lodged after five days of occurrence and there is no satisfactory explanation for the same. Petitioner is in custody since 08.11.2024 and charge-sheet has been submitted. Petitioner is having antecedent of two cases.
5. Learned A.P.P. as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that there is specific allegation against the petitioner and other co-accused persons that they assaulted and strangulated the husband of the informant after calling him to their house.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and further considering the fact that the petitioner is a lady and also considering her period of custody and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.27991 of 2025(2) dt.07-05-2025 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria/concerned court in connection with Sikty P.S. Case No. 165 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T