Hena Parween @ Neha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39366 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== HENA PARWEEN @ NEHA Wife of Md. Saddam @ Sado Resident of Mohalla- Hussainpur, P.S.- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mojahidpur P.S. Case N0. 30 of 2018, disclosing offences under Sections 328,302,120B/34 of the Indian Penal Code. There is allegation against the petitioner, in the First Information Report of having offered Laddu to the deceased, mother of the informant. Allegedly, she had felt uneasiness immediately after having consumed Laddu. It is also alleged that other accused persons, namely, Soni and Bibi Jarina had assaulted the deceased, whereafter, she was taken to hospital where she died.

Learned counsel appearing on behalf of the petitioner has submitted that co-accused Soni has been granted regular bail by this Court by order dated 14.03.2019, passed in Cr. Misc. No. 60885 of 2018, whereas

Patna High Court CR. MISC. No.39366 of 2019(2) dt.27-06-2019 2/2 co-accused Bibi Jarina has been allowed anticipatory bail by this Court by order dated 03.12.2018 passed in Cr. Misc. No. 60060 of 2018. He contends that there is no definite evidence that the petitioner had offered Laddu to the deceased. He also contends that the police, upon completion of investigation, have submitted charge-sheet under Section 306 of the Indian Penal Code.

Considering the above submission, this application is allowed.

Let the petitioner above named in the event of her arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Mojahidpur P.S. Case No. 30 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U