Sakila Khatoon v. The State Of Bihar

Patna High Court Cr.Misc. No.25335 of 2018 (2) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25335 of 2018 Arising Out of PS.Case No. -168 Year- 2017 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Sakila Khatoon W/o Md. Kalam, R/o Vill.- Chand Nagar Nawada, P.S.- Naugachia, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.12.2017 in connection with Naugachia P.S. Case No. 168/2017, G.R. No. 981/2017 for the alleged offences under Sections 341, 323, 504, 506, 379, 427, 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the FIR the petitioner is alleged to have abused the deceased. No assault has been attributed to the petitioner. It is submitted that the petitioner's case stands on better footing than the case of co-accused Md. Kalam, who is the brother-in-law of the deceased and had allegedly assaulted the deceased and who has been granted bail by this Court in Cr. Misc. No. 8426 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.25335 of 2018 (2) dt.08-05-2018 of learned A.C.J.M. II, Naugachia, District Bhagalpur in connection with Naugachia P.S. Case No. 168/2017, G.R. No. 981/2017 on the following 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) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates, her bail bonds will be liable to be cancelled by the Court concerned. (Vikash Jain, J) Chandran/BT U