Hamida Khatoon @ Hamida Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40859 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- GOBARDHANA District- West Champaran ====================================================== Hamida Khatoon @ Hamida Nesha Wife Of Reyazul Mian Resident Of Khairwa Tola, Bakhari, Pachrukhia, Police Station - Govardhana, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Prerna Anand, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Govardhana P. S. Case No. 23 of 2023 in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

3. As per the prosecution case, son-in-law of informant was in illicit relationship was co-accused Jubaida Nesha and due to that this petitioner in connivance with other accused persons killed the daughter of informant by strangulation.

4. Learned counsel for the petitioner submits that informant is not an eye witness of the occurrence and as per

Patna High Court CR. MISC. No.40859 of 2024(2) dt.23-08-2024 2/2 F.I.R. husband of the deceased had illicit relation with coaccused Jubaida Nesha due to which his family members murdered her. So far this petitioner is concerned, she is neither family member nor relative of the deceased. Petitioner is merely a co-villager of the deceased. Moreover, co-accused Jubaida Nesha has already been granted regular bail by co-ordinate Bench of this Hon'ble Court vide order dated 13.12.2023 passed in Cr. Misc. No. 80072 of 2023. Petitioner is in custody since 11.03.2024. Petitioner is a lady and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner 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 Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran in connection with Govardhana P. S. Case No. 23 of 2023.

(Prabhat Kumar Singh, J) Navya/- U T