Rukiya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61400 of 2022 Arising Out of PS. Case No.-154 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== Rukiya Khatoon Wife Of Late Rayesh @ Rais Alam Resident Of Koimari, Kuimari, Fulhara Ambari, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Pothia P.S. Case No. 154 of 2021 registered under sections 302, 201 and 120B of the Indian Penal Code.

The prosecution case in brief, is that, a dead body of unidentified lady was found in the tea garden whose neck was slit with a sharp weapon. The dead body was thrown for the purpose of destroying the evidence of her death. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather her name came into light in this case during the

Patna High Court CR. MISC. No.61400 of 2022(3) dt.21-04-2023 2/2 course of investigation. It is further submitted that there is no eye witness of the alleged occurrence and she has no concern with the same. During investigation, nothing consistent material has come against her to implicate in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 24.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pothia P.S. Case No. 154 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Kishanganj.

(Sunil Kumar Panwar, J) sushma2203/- U T