Sahena Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1048 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -BALRAMPUR District- KATIHAR ====================================================== Sahena Khatoon, W/O - Ashraf, R/O - Kaldaspur, P.S. - Balia Belon, Distt. - katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Balrampur P.S. Case No. 66 of 2016 instituted for the offence under Section 302, 201/34 of the Indian Penal Code.

There is allegation that a dead body was found lying near the road side of Mathurapur village. The informant with the help of others send the dead body for post-mortem to the Sadar Hospital, Katihar.

The Sessions Judge has mentioned in the impugned order that deceased was the second wife of the husband of this petitioner.

The Sessions Judge has further mentioned in the impugned order that the deceased was killed by strangulation as is

Patna High Court Cr.Misc. No.1048 of 2017 (3) dt.27-03-2017 2/2 revealed in confessional statement of this petitioner in para 35 of the case diary.

In this circumstances, from the written report and the impugned order, it appears that no allegation of any overt act has been made against this petitioner.

The petitioner is a lady who is in custody since 24.7.2016.

Considering the aforesaid facts and circumstances, the prayer for bail of the petitioner is allowed. 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 learned Chief Judicial Magistrate, Katihar in connection with Balrampur P.S. Case No. 66 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) Ravi/- U T