Sitara Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55863 of 2022 Arising Out of PS. Case No.-254 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.
SITARA KHATUN WIFE OF SABIR ANSARI 2.
CHAND TARA WIFE OF JABIR ANSARI Both r/o VILLAGE- KALAN, P.S.- MANJHI, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narendra Kumar For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.
The petitioners seek bail in connection with Manjhi P.S. Case No. 254/2019 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. As per prosecution case, the petitioners and other concertedly committed murder of informant's sister on account of non-fulfillment of demand of dowry.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. The petitioners are Gotani of the deceased and they have nothing to do with the family affairs of the deceased. Allegation
Patna High Court CR. MISC. No.55863 of 2022(2) dt.16-12-2022 2/3 against the petitioners are general and omnibus in nature. There is no specific overt act against the petitioners. The petitioners are languishing in custody since 08.06.2022 and bear no criminal antecedent. He further submits that the petitioners are residing separately from the deceased. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. On similar allegation co-accused Habiban Bibi has been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.69879/2019 and the petitioners deserve same treatment.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, period of custody, petitioners are residing separately from the deceased, on similar allegation co-accused has already been granted bail, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioners and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.55863 of 2022(2) dt.16-12-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate-III, Saran at Chapra in connection with Manjhi P.S. Case No. 254/2019, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T