Bibi Firoza @ Afroza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38477 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- PALASI District- Araria ====================================================== BIBI FIROZA @ AFROZA Wife of Md. Kalimuddin Resident of Village - Kankhudia, Ward no. 01, P.S.- Palasi, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending her arrest in connection with Palasi P.S. case No.47 of 2020 (G.R. No.542/2020) registered under Sections 302/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioner assaulted the wife of the informant and hanged her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.38477 of 2020(3) dt.13-09-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. As per the F.I.R., all the accused persons are said to have assaulted the deceased and thereafter hanged her. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. Petitioner is a lady. Except for bruise mark on the neck, there is no other external injury found on the body of the deceased. Both the parties are agnates.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned A.C.J.M. 1st, Araria in connection with Palasi P.S. case No.47 of 2020 (G.R. No.542/2020), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection
Patna High Court CR. MISC. No.38477 of 2020(3) dt.13-09-2021 3/3 with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T