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Patna High CourtCR. MISC./38180/2020bail granted

Jahida Khatoon @ Jahada Bibi v. The State Of Bihar

2021-08-02Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38180 of 2020 Arising Out of PS. Case No.-248 Year-2019 Thana- KOCHADHAMAN District- Kishanganj ====================================================== 1.

JAHIDA KHATOON @ JAHADA BIBI Wife of Abdul Latif Resident of Puar (Khikir Tola), P.S. - Chakulia, District - Uttar Dinajpur (W.B.) 2.

Sajabul Haque Son of Abdul Latif Resident of Puar (Khikir Tola), P.S. - Chakulia, District - Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners 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 petitioners are apprehending their arrest in connection with Kochadhaman P.S. case No.248/2019 registered under Sections 302, 201 of the Indian Penal Code. Prosecution case, in short, is that when the Chaukidar of Kochadhaman P.S. was returnint from duty, he received information that one unknown dead body of woman was found near Mastan chowk in the paddy field. It is also

Patna High Court CR. MISC. No.38180 of 2020(2) dt.02-08-2021 2/3 alleged that the neck of unknown dead body of woman was tied with the saree. It is further alleged that some unknown persons in conspiracy with each other murdered the unknown woman. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner No.1 is mother-in-law and petitioner No.2 is brother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioners are not named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, 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 their personal bond to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. case No.248 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.38180 of 2020(2) dt.02-08-2021 3/3 Once the normalcy is restored, the petitioners will 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 with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T