Maida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42150 of 2018 ====================================================== Maida Khatoon W/o Subham Mia @ Mohhamad Suhan Shaikh, resident of village - Kapia Hata, P.S.- Gorea- Kothi, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Adv. For the Opposite Party/s : Smt. Veena Rani Prasadd, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Gorea Kothi P.S. Case No. 79 of 2018 registered for offences punishable under sections 326/307/34 of the Indian Penal Code and 25 (1-b) a/26/27/35 of the Arms Act.

It has been alleged that this petitioner and her son caught hold the husband of informant and Subhan Mian shot fire on the victim causing injury in his chest.

It has been submitted that allegation of causing firearm injury is omnibus against this petitioner. For land dispute, some scuffle took place in between the husband of informant and his family members with this petitioner. The allegation of causing firearm injury is against Subhan Mian. The petitioner has

Patna High Court Cr.Misc. No.42150 of 2018 (2) dt.25-07-2018 2/2 been made accused as she happens to be wife of said Subhan Mian. The petitioner is in custody since 05.05.2018 having clean antecedent and so she deserves to be enlarged on bail. The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and she is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Gorea Kothi P.S. Case No. 79 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T