Paro @ Bibi Sadiya Khatoon @ Sadiya Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74923 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Paro @ Bibi Sadiya Khatoon @ Sadiya Khatoon Wife Of Md. Julfakar Resident Of Village - Pirpainti Bazar, P.S. - Pirpainti, District - Bhagalpur. Presently Residing At Resident Of Village - Ekdara, P.S. - Budhuchak, District - Bhagalpur ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar No.6, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Pirpainti P.S. Case No. 156 of 2023 registered on 14.05.2023 lodged under Sections 304-B, 328 and 34 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against two named and other family members of the said coaccused persons.
4. Learned counsel for the petitioner submits that the petitioner is the married nanad of the deceased. Counsel submits that from the content of F.I.R. it transpires that the death has been caused due to consumption of poison. Counsel submits that
Patna High Court CR. MISC. No.74923 of 2023(2) dt.29-11-2023 2/3 the petitioner is married nanad and residing separately. He submits that petitioner's antecedent is clean and she is in custody since 15.05.2023. Counsel also submits that husband of the petitioner is in custody which has been expressly narrated in paragraph- 10 of the bail application.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.- 8th, Bhagalpur in connection with Pirpainti P.S. Case No. 156 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.74923 of 2023(2) dt.29-11-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Shweta/- U T