Anwari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55809 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

ANWARI KHATOON Wife of Tabrej Alam Resident of Village - Senwariya, P.S.- Turkauliya, District - East Champaran.

2.

Jainab Khatoon Wife of Late Sattar Mian Resident of Village - Senwariya, P.S.- Turkauliya, District - East Champaran.

3.

Khurshid Mian Son of Late Sattar Mian Resident of Village - Senwariya, P.S.- Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner no. 3 and learned APP for the State.

2. The petitioner no. 3 is in custody since 22.06.2019 in connection with Turkauliya P.S. Case No. 387 of 2019 for the alleged offences under Sections 341, 323, 325, 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner no. 3 has been falsely implicated in connection with alleged murder of the informant's husband. It is pointed out from the FIR itself that the deceased died as a result of assault by co-accused Anwar Mian and Tabrej Mian. Other accused persons including the petitioner no. 3 are thereafter said to have assaulted the informant and her other family members. The allegation of such assault is not corroborated by any injury report. It is submitted that there is no accusation that the petitioner no. 3 assaulted the deceased. The

Patna High Court CR. MISC. No.55809 of 2019(3) dt.27-11-2019 2/2 petitioner no. 3 claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and has been heard, but has not pointed to any adverse material in the case diary against the petitioner no. 3.

5. Be that as it may, let the petitioner no. 3 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 CJM, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 387 of 2019 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner no.3 (ii) That the petitioner no. 3 shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner no. 3 shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner no. 3 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T