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Patna High CourtCR. MISC./36051/2016bail granted

Khusboo Khatoon @ Priyanka @ Muskan v. The State Of Bihar

2016-09-08The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36051 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. Khusboo Khatoon @ Priyanka @ Muskan, daughter of Md. Mumtas Miya resident of Village-Kapshahar, P.S.-Maker, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Nand Kishore Choudhary, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Khusboo Khatoon @ Priyanka @ Mushkan, in connection with Garkha Police Station Case No.05 of 2016, under Sections 25(1-b), 26/35 of the Arms Act, 1959, Section 17 of C.L.A. Act and Sections 10, 13, 16, 17, 18, 20 of U.A.P.A. Act.

Perused the above application and materials on record.

Heard Mr. Rajesh Kumar, learned Counsel for the petitioner, and Mr. Nand Kishore Choudhary, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.36051 of 2016 (2) dt.08-09-2016 2/3 In view of the fact that the accused above-named has been in custody since 06.01.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Chhapra at Saran, in connection with Garkha Police Station Case No.05 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.36051 of 2016 (2) dt.08-09-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T