Patna High CourtCR. MISC./52029/2017bail granted

Nashima Khatoon v. The State Of Bihar

2017-11-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52029 of 2017 Arising Out of PS.Case No. -498 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Nashima Khatoon, Wife of Kalim Siddique, Resident of Village- Inderwa Ebadulla, P.O.- Thawe, P.S. & District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends her arrest in Gopalganj P.S. Case No. 498/2016 instituted for the offence under Section 304(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is mother-in-law of the deceased. There is general and omnibus allegation levelled against the petitioner of causing death of the deceased.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gopalganj P.S. Case No.

Patna High Court Cr.Misc. No.52029 of 2017 (2) dt.09-11-2017 2/2 498/2016, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.) Rakhi U T