Patna High CourtCR. MISC./8051/2017allowed

Salma Khatoon v. The State Of Bihar

2017-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8051 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -KANHAULI District- SITAMARHI ======================================================

1. Salma Khatoon, W/o Tayab Ansari, resident of Village- Bagaha, P.S.- Kanhauli, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard the parties.

This application has been filed in connection with Kanhauli P.S.Case No.106 of 2016 for the offence under Sections 304(B), 201, 34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner is mother-in-law and no specific allegation has been attributed against her. Now the charge-sheet has been submitted. The petitioner is in custody for about four months. Heard learned A.P.P. also.

Having heard both sides. In view of the fact that the petitioner is mother-in-law, having no specific allegation and she is in custody for about four months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/-

Patna High Court Cr.Misc. No.8051 of 2017 (2) dt.27-02-2017 2/2 (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sitamarhi, District- Sitamarhi, in connection with Kanhauli P.S.Case No.106 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U