Kuraisha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47432 of 2019 Arising Out of PS. Case No.-348 Year-2016 Thana- DALSINGHSARAI District- Samastipur ====================================================== KURAISHA KHATOON W/o Md. Sabul Resident of Village- Pandh Daku Tola, P.S.- Dalsing Sarai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Earlier prayer for bail of the petitioner was rejected by this Court by order dated 16.10.2017 passed in Cr.Misc.No. 39332 of 2017 and allegation against the petitioner is of administering poison to the second wife of her husband and FIR supports the prosecution case.

Submission of learned counsel for the petitioner is that in spite of the fact that petitioner is in custody since 5.10.2016 only one witness has been examined as yet and for production of rest of the witnesses the court below has sent a letter to the Superintendent of Police, Samastipur but they are not appearing in court and the court below assures that as soon as the witnesses are made available in court he will dispose of the case within a period of four months.

Patna High Court CR. MISC. No.47432 of 2019(3) dt.21-08-2019 2/2 Heard learned APP also.

Having heard both sides and considering the fact that petitioner being a lady is in custody for more than two years, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Dalsingh Sarai, District Samastipur, in connection with S.T.No. 588 of 2017, arising out of Dalsing Sarai P.S.Case No. 348 of 2016, subject to the conditions that one of the bailors shall be a local person having sufficient immoveable property within the jurisdiction of court concerned and she has to appear in court as and when required, otherwise her bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T