Mariyam Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46973 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- AMDABAD District- Katihar ====================================================== MARIYAM KHATOON Wife of Shamed Ali Resident of Village - Baidnathpur, P.S. Amdabad, District - Katihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Amdabad P.S. Case No. 95 of 2020, for the offence punishable under Sections 302 and 328/34 of the Indian Penal Code. The prosecution story, in brief, is that the informant's sister died on 18.05.2020 in course of treatment at P.H.C. Amdabad due to poisoning by the accused persons. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the sister-in-law of the deceased and she used to live separately with the deceased and she has no concern with the alleged murder nor with the affair of the family of the deceased. The petitioner is in custody since 24.06.2021

Patna High Court CR. MISC. No.46973 of 2021(5) dt.07-04-2022 2/3 and in the meantime for getting the child delivery, she was also released on provisional bail by this Court vide order dated 30.11.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, there is no direct involvement of the present petitioner in the alleged murder of the deceased, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Katihar in connection with Amdabad P.S. Case No. 95 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

Patna High Court CR. MISC. No.46973 of 2021(5) dt.07-04-2022 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T