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Patna High CourtCR. MISC./65370/2022allowed

Rahima Khatoon v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65370 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- BARSOI District- Katihar ====================================================== RAHIMA KHATOON Wife of Late Md. Manwar @ Shyalu R/v- Chichaura, P.S.- Barsoi, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per allegation in the FIR, dead body of the informant's son was hanging with a tree. The informant claimed that named accused persons including the petitioner with a conspiracy killed his son and hanged the same in tree ad the informant's son marriage was solemnized 15 years back with the petitioner and their married life was not going on happily. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. There is no

Patna High Court CR. MISC. No.65370 of 2022(3) dt.24-04-2023 2/2 direct allegation against the petitioner. Petitioner has two small children out of the said wedlock. Petitioner is languishing in judicial custody since 12.3.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Katihar in connection with Barsoi P.S. Case No. 33 of 2022.

(Sunil Kumar Panwar, J) sushma/- U