Noorjahan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41623 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- DURAULI District- Siwan ====================================================== NOORJAHAN KHATOON WIFE OF FUL MOHAMMAD ANSARI RESIDENT OF VILLAGE - UKAREDI, POLICE STATION - DARAULI, DISTRICT - SIWAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Darauli P.S. case No. 111 of 2024 instituted for the offences under Sections 411, 413, 414, 420/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., on the basis of secret information, police raided the place of occurrence and apprehended two persons. On search, various arms and ammunitions and stolen articles were recovered from house of the petitioner. It is further alleged that this petitioner did not give satisfactory reply regarding the alleged recovered articles from house.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.41623 of 2024(2) dt.19-06-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner is a innocent lady and is not involved in any type of crime. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of various arms and ammunitions and other incriminating articles has been made from her two sons and her husband. Learned counsel further submitted that the petitioner has been made accused in this case only for the reason that she is the wife of the co-accused Ful Mohammad Ansari. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.04.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, petitioner being lady with no criminal record as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.41623 of 2024(2) dt.19-06-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Darauli P.S. case No. 111 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T