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Patna High CourtCR. MISC./38327/2022bail granted

Bibi Khuddi @ Jumera Khatoon v. The State Of Bihar

2022-11-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38327 of 2022 Arising Out of PS. Case No.-47 Year-2020 Thana- PALASI District- Araria ====================================================== Bibi Khuddi @ Jumera Khatoon W/o Md. Saharul @ Sahrul Resident of Village - Kankhudia Ward no.01, P.s.- Palasi, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 302/34 of Indian Penal Code.

As per FIR, all the accused persons including this petitioner are alleged to have assaulted the wife of the informant and thereafter murdered her by hanging her with rope. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Moreover, there is general and omnibus allegation of assault against the petitioner and no specific overt act has been alleged against the petitioner. There is no eye witness of the occurrence. It is further submitted that similarly situated coaccused, Bibi Firoza, has already been granted anticipatory bail

Patna High Court CR. MISC. No.38327 of 2022(2) dt.22-11-2022 2/2 passed in Cr. Misc. No. 38477 of 2020 dated 13.09.2021 by a co-ordinate Bench of this Court. Petitioner is a lady and has got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of her arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged 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-I, Araria in Palasi P. S. Case No. 47 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T