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Patna High CourtCR. MISC./42526/2019bail granted

Vahida Khatoon @ Wahida Khatoon @ Sabida Khatoon v. The State Of Bihar

2019-07-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42526 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== VAHIDA KHATOON @ WAHIDA KHATOON @ SABIDA KHATOON D/o Sahub Sah Resident of Village-Mahuliya, P.S.-Sonbarsa, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 302, 201,120B, 34 IPC registered in connection with Sonbarsa P.S. Case No. 84 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion except which there is no objective material to connect the petitioner with the alleged occurrence. The only material against the petitioner is that the petitioner along with her parents were seen in the vicinity when the search was being made for the deceased. It is further submitted that the four persons on whose confession the body of the deceased was recovered have also not named the petitioner. The petitioner is a young lady of about 19 years of age claiming clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Sitamarhi, in connection with Sonbarsa P.S. Case No. 84 of 2019,

Patna High Court CR. MISC. No.42526 of 2019(2) dt.11-07-2019 2/2 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T