Rokshana Khatoon @ Rokhshana Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18978 of 2017 Arising Out of PS.Case No. -99 Year- 2015 Thana -KATRA District- MUZAFFARPUR ======================================================
1. Rokshana Khatoon @ Rokhshana Khatoon, W/o Md. Majid Sah, resident of village-Dargah, P.S.-Katra, District-Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends her arrest in Katra P.S. Case No.99 of 2015 instituted for the offence under Section(s) 341, 323, 307, 504/34, 302 Indian Penal Code. As per the written report, there is specific allegation of assault against co-accused, Md. Majid Sah, and this petitioner is the wife of co-accused- Md. Majid Sah.
It has been submitted on behalf of the petitioner that co-accused- Md. Majid Sah faced trial and acquitted by the Sessions Judge, Muzaffarpur, by judgment dated 25.01.2017 passed in Sessions Trial No.528 of 2016.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event
Patna High Court Cr.Misc. No.18978 of 2017 (2) dt.19-05-2017 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Katra P.S. Case No.99 of 2015, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) 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 tampers 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) JA/- U T