Sapetun @ Sametun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 43426 of 2016 Arising out of P.S. Case No. -5 Year- 2015 Thana - TEDHAGACHH District- KISANGANJ ============================================== Sapetun @ Sametun, Daughter of Maker @ Sarman, Wife of Late Mainuddin, Resident of Village- Shishagachhi, P.S.- Terhagachh, District- Kishanganj.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ============================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s: Smt. Gulnar Begam, APP. ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
02. 26.10.2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.
As per the allegation, the sister of the informant was found hanging from a tree. Prior to occurrence, there was altercation over payment of money with one Md. Muslim and her cousin father-in-law as the victim was being pressurized to return the money advanced to them. Thereafter, it is alleged that the aforesaid Md. Muslim along with several persons including the petitioner indulged into some heated discussion with the
Patna High Court Cr.Misc. No.43426 of 2016 (2) dt.26-10-2016 deceased which continued till late night. She was taken out of the house and the second day she was found hanging from the tree. It is contended that, so far as the petitioner is concerned, she has nothing to do with the family of the either the victim or the informant and she has been roped up only on the basis of suspicion. It is also contended that one of the co-accused persons namely Haquimuddin @ Hakim @ Kalimuddin has been granted anticipatory bail by a Co-ordinate Bench of this Court vide Annexure-2.
Having regard to the facts and circumstances of the case and also the fact that the petitioner is a lady, let the petitioner, namely, Sapetun @ Sametun be released on bail in the event of her arrest/surrender before the court below within a period of six weeks from today in connection with Teragachh P.S. Case No. 05 of 2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri K.K. Choudhary, Judicial Magistrate, 1st Class, Kishanganj or his successor subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit by the petitioner to the
Patna High Court Cr.Misc. No.43426 of 2016 (2) dt.26-10-2016 effect that she will cooperate in the investigation. The said affidavit will be transmitted to the I.O. of the present case. The non-cooperation in investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner. Vikash/- (Dr. Ravi Ranjan, J.) U T