A Saba Alias Alasabah Alias Alsabah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30813 of 2022 Arising Out of PS. Case No.-365 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== A Saba Alias Alasabah Alias Alsabah Wife Of Aftab Ansari Resident Of Village- Raghunathpur Ward No 6, P.S- Raghunathpur , Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 468, 471, 275, 276, 308, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and she has been falsely implicated in the present case. He further submits that in fact the petitioner is a Pardanasi Lady. He further submits that nothing incriminating article has been recovered from the

Patna High Court CR. MISC. No.30813 of 2022(3) dt.20-09-2022 2/3 possession of the petitioner rather the recovery has been made from the house of co-accused D.K. Chaudhary and in fact the petitioner has been falsely implicated in the case due to non cooperation to the enquiry team in the present matter. He further submits that she has no concern at all with the alleged recovery nor co-accused namely D.K. Chaudhary and in fact the petitioner resides at the adjacent to the house of co-accused D.K. Chaudhary. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 22.04.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkaulia P.S. Case No. 365 of 2022, with the following conditions :-

(1) Petitioner shall co-operate 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

Patna High Court CR. MISC. No.30813 of 2022(3) dt.20-09-2022 3/3 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 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T