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Patna High CourtCR. MISC./21022/2018bail granted

Shahjaha Khatoon @ Shahjahan Khatoon @ Shahjehan Khatton v. The State Of Bihar

2018-04-26Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.21022 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21022 of 2018 Arising Out of PS.Case No. -415 Year- 2017 Thana -PUPRI District- SITAMARHI ====================================================== Shahjaha Khatoon @ Shahjahan Khatoon @ Shahjehan Khatton Wife of Late Sadare Alam, Resident of Village- Barri, P.S.-Benipatti, DistrictMadhubani, At Present Resident of Village-Rajbagh Pupri, Ward No.7, P.S.-Pupri District-Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Alok Kumar Alok, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.11.2017 in connection with Pupri P.S. Case No. 415 of 2017 for the offences alleged under Sections 302, 120(B)/34 of the Indian Penal Code.

3. It is submitted that the petitioner being the wife of the deceased and daughter of the informant has been falsely implicated on mere suspicion and only on the basis of the self confession extracted from her before the police. Except such self confession, there is no objective material to connect the petitioner with the alleged occurrence. It is submitted that charge sheet has already been submitted after completion of investigation by the police and hence there is no chance of tampering with the witnesses. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.21022 of 2018 (3) dt.26-04-2018

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 of learned Sub-Divisional Judicial Magistrate (Pupri), Sitamarhi, in connection with Pupri P.S. Case No. 415 of 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 will be well represented in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/BT U T