Mrs. Anisha Khatun @ Anisha Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55713 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Mrs. Anisha Khatun @ Anisha Khatoon W/O Nizamuddin R/O VillageChandi Rajwara, P.S- Bela, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Rajdeep For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code.
As per allegation in the FIR, informant took away her son, namely, Parwez from her house and did not return. On very next day, her dead body was found in wheat field. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of CDR location of petitioner's mobile, he was arrested and her self confessional statement was recorded by the police, which has no evidentiary value in the eye of law. After recovery of
Patna High Court CR. MISC. No.55713 of 2023(2) dt.31-08-2023 2/2 dead body, name of the petitioner has surfaced in this case. Petitioner is a lady. Petitioner has got no criminal antecedent and she is languishing in judicial custody since 3.3.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sitamarhi in connection with Bela P.S. Case No. 48 of 2023. (Sunil Kumar Panwar, J) sushma/- U