Patna High CourtCR. MISC./15043/2017bail granted

Shamima Khatoon And ANR v. The State Of Bihar

2017-03-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15043 of 2017 Arising Out of PS.Case No. -38 Year- 2014 Thana -LADANIA District- MADHUBANI ======================================================

1. Shamima Khatoon W/o Md. Mustakim

2. Shaiful Khatoon @ Shaibul Khatoon W/o Md. Hakim Mian Both R/o Village - Sidhapkala, P.S. Ladania, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2017 The application is for grant of regular bail in connection with Sessions Trial No. 56 of 2017, corresponding to Sessions Trial No. 317 of 2014, arising out of Ladania P.S. Case No. 38 of 2014 for offence under section 302/34 of the Indian Penal Code.

It has been submitted on behalf of petitioners that they have earlier moved before this Court for grant of bail and this Court, vide order dated 24.01.2017 passed in Cr. Misc. No.50636 of 2016 rejected the application for bail of the petitioners with observation that they may renew their prayer for bail after framing of charge in this case and now the charge has been framed, which has been stated on oath in paragraph 11 of this petition and the petitioners are in custody since 30.08.2016.

Patna High Court Cr.Misc. No.15043 of 2017 (2) dt.29-03-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the observation and the petitioners are lady, as such, they are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of A.D.J.- VII, Madhubani, subject to the following conditions:- (i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of their bail.

(Vinod Kumar Sinha, J) Mahesh/- U T