Sahida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40365 of 2018 Arising Out of PS. Case No.-85 Year-2017 Thana- KURTHA District- Jehanabad ====================================================== Sahida Khatoon wife of Md. Ashik Mia @ Ashiqune Alam resident of Village/Mohalla - Kurtha Dih, P.S. Kurtha, District - Arwal. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

This is an application for grant of regular bail in connection with Kurtha P.S. Case No. 85 of 2017 registered for the offences punishable under Sections 306, 328/34 of the Indian Penal Code.

Informant has alleged that the petitioner who is the mother of Khalid gave two tablets to deceased Tabassum Praveen daughter of informant and after consuming the same her condition deteriorated and when she was rushed to hospital she was declared dead.

It has been submitted on behalf of the petitioner that she has been falsely implicated in this case and allegation made

Patna High Court Cr.Misc. No.40365 of 2018(3) dt.20-09-2018 2/3 against her is concocted and false. The deceased had committed suicide and she has been named in this case only on basis of suspicion. Petitioner has no criminal antecedent and she is in custody since 07.05.2018.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal in connection with Kurtha P.S. Case No. 85 of 2017 subject to the conditions that :-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall co-operate in the trial and shall be present on each and every date fixed by the court and her absence of two consecutive reason the trial court will be at liberty to cancel her bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to

Patna High Court Cr.Misc. No.40365 of 2018(3) dt.20-09-2018 3/3 move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/manoj U T