Gajala Praveen @ Gajala Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54356 of 2025 Arising Out of PS. Case No.-190 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Gajala Praveen @ Gajala Khatoon W/O Ajmal Hussain R/O Ward No. 1, Mansurchak, P.S- Teghra, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Adv.
For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that on 19.06.2023 at around 04:30 PM her son Md. Mazhar (deceased) was found dead at godown of Laxmi Pharmacy, it is next alleged that when the informant first saw the dead body of the deceased, her son was lying on a chair with rope around his neck with several marks of injury on his body parts, thus, based on suspicion alleges that Mukesh Kumar Sahu, Sanjeev Kumar Sahu and Sagar Kumar killed her son.
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4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and her name transpired during the course of investigation that she was having an affair with the deceased. It is submitted that deceased and the petitioner belong to the same community and were known to each other and thus used to talk, but then it has not come during the course of investigation that because of the love affair in between petitioner and the deceased, the occurrence took place. It is also submitted that petitioner has no concern with Mukesh, Sanjeev and Sagar. It is further submitted that petitioner is married to Azmal Hussain and deceased was known to Azmal, as such, used to talk to the petitioner.
It is reiterated and submitted that during the course of investigation, nothing has come which could even remotely connect the petitioner with the offence except the fact that deceased was on talking terms with the petitioner. It is further submitted that it also transpired during the course of investigation that petitioner was at Calcutta when the occurrence is alleged to have taken place. It is next submitted that even informant did not raise any suspicion against the petitioner in the FIR. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence.
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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, but then is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that during the course of investigation, the only material which transpired against the petitioner is that she was on talking terms with the deceased.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Teghra P.S. Case No. 190 of 2023 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
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8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T