Afsana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68521 of 2021 Arising Out of PS. Case No.-670 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== AFSANA KHATOON W/o Mahmood Alam Resident of Village - Sheogang (Diuliya), Ward No. 07, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.08.2021, charge-sheet has been submitted, is a person with clean antecedent and is a woman. The informant alleges that while she was returning home after work then she was intercepted by Sangeeta Devi, Pratima Devi, Afsana Khatoon (petitioner) and a rickshawala who assaulted her. Further, the informant disclosed the occurrence to her son Kanhaiya Kumar. Thereafter, the son and nephew Lal Babu of the informant were in Bettiah so the informant thought that they had gone to

Patna High Court CR. MISC. No.68521 of 2021(2) dt.21-04-2022 2/2 inquire about the occurrence from the accused. Further, the informant alleges that her son and nephew were killed by the accused persons in connivance with other.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the informant is not an eyewitness to the occurrence and the entire allegation is based on suspicion and the FIR even does not disclose any motive for the occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 20.08.2021, charge-sheet has been submitted, is a person with clean antecedent, is a woman and the entire allegation hinges around suspicion and the informant is not an eyewitness to the occurrence, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bettiah Mufassil P.S. Case No. 670 of 2019.

(Satyavrat Verma, J) Kundan/- U T