Fatima Khatoon @ Fatma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56250 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- GAUNAHA District- West Champaran ====================================================== FATIMA KHATOON @ FATMA KHATOON Wife of Mahmood Mian Resident of Village - Gaunaha, P.S.- Gaunaha, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 447, 341, 323, 353, 379, 427, 504, 506/34 of the Indian Penal Code registered in connection with Gaunaha P.S.Case No. 46 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusations are general and omnibus in nature. Specific accusation of assault with fists and slaps on the informant is attributed to co-accused Rajesh Pandey, who is also said to have snatched Rs. 3,000/-and threatened to lodge a false case against the informant. No specific overt act has been alleged against the petitioner, who is a lady. The petitioner is an accused in one prior case of the year 2016.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 SDJM, Bettiah, District West Champaran, in connection with Gaunaha

Patna High Court CR. MISC. No.56250 of 2019(2) dt.04-09-2019 2/2 P.S.Case No. 46 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further 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 shall co-operate with the investigation, if not already concluded, and make herself 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 shall 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) Chandran/- U T