Patna High CourtCR. MISC./46495/2019bail granted

Amna Khatoon v. The State Of Bihar

2019-12-11Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46495 of 2019 Arising Out of PS. Case No.-357 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Amna Khatoon, W/o Md. Elham, R/o Village- Mirzapur, Barhat, P.S.- Mufassil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Jharkhandi Upadhayay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-12-2019 Nobody appears on behalf of the petitioner. Learned APP for the State has assisted the Court.

2. The petitioner seeks bail in connection with Mufassil PS Case No.357 of 2018 dated 02.10.2018 instituted under Sections 121, 379, 414 and 120-B/34 of the Indian Penal Code; 25(1-a), 25(1-aa), 25(1-b)a, 26, 35 of the Arms Act and 39 of the UAP Act.

3. As per the First Information Report, the petitioner along with her husband and two other persons are alleged to be indulging in selling illegal arms. It was further alleged that from the well of the house of another co-accused, some parts of arms were recovered.

4. From the pleadings, it appears that the petitioner is in custody since 02.11.2018.

5. Learned APP fairly submitted that from the

Patna High Court CR. MISC. No.46495 of 2019 dt.11-12-2019 2/2 possession or house of the petitioner nothing has been recovered and only there is allegation that she was also selling illegal arms.

6. Having considered the aforesaid, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Munger, in Mufassil PS Case No.357 of 2018, subject to the conditions (i) that one of the bailors shall be close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that she shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of her bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of her bail bonds.

7. The application stands disposed off.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T