Bibi Ajmun Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40790 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== BIBI AJMUN KHATOON W/o Late Mosina Mansoori Resident of VillageBasmatiya, Ward No.08, P.S.- Narpatganj (Basmatiya), District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Narpatganj (Basmatiya) P.S. Case No. 64/ 2021 registered for the offences punishable under Sections 302, 201/34 of the IPC. The present FIR relates to death of informant's maternal grandson and the informant claimed that petitioner along with FIR named accused killed the deceased and hide the dead body in ditch full of water.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.40790 of 2021(4) dt.10-03-2022 2/3 implicated in the present case. He further submits that allegation against the petitioner is that he was involved in the murder of maternal grandson of the informant. He further submits that there is no eye witness of the alleged occurrence and only on the basis of suspicion, her name has been implicated in the present case. He further submits that police after investigation submitted charge sheet against the petitioner and the petitioner is in custody since 09.02.2021.

The learned Additional Public Prosecutor on the basis of the material on record and case diary fairly submits that only on the basis of suspicion name of the petitioner has been implicated in the present case and nothing has come during investigation against the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 64/ 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.40790 of 2021(4) dt.10-03-2022 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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.

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 his criminal antecedent, 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) shahzad/- U T