Farida Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77752 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Farida Khatoon Wife of Md. Sahmad @ Md. Sahmat RESIDENT OF VILLAGE- BARIYAHI BASTI WARD NO 7, P.S.- BANGAON, DIST.- SAHARSA.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-10-2024 Heard the parties.
2. The petitioner is in custody in connection with Bangaon P.S. Case No. 97 of 2024 for the offence punishable under sections 8, 20(b)(ii)A, 20(b)(ii)B of NDPS Act lodged on 30.07.2024 by the informant, Roushan Kumar.
3. As per the prosecution story, the police upon information apprehended one Anish Kumar and behind his house in bushes, there is recovery/seizure of 318 gram 'ganja'. Further, upon his information, the house of the petitioner was raided. Though her husband managed to escape, she was apprehended and there is recovery/seizure of 3 kg 40 gram ganja.
4. Learned counsel for the petitioner submits that she
Patna High Court CR. MISC. No.77752 of 2024(2) dt.28-10-2024 2/3 being the lady, had no knowledge of anything present in the house and/or the recovery, which in any case is below the commercial quantity.
5. Learned APP opposes the prayer for bail.
6. Though allegation is there, the petitioner is a lady having no criminal antecedent, has already remained in custody since 31.07.2024 (para 13 of the petition), this Court is inclined to extend her the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Saharsa in connection with Bangaon P.S. Case No. 97 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/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 his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.77752 of 2024(2) dt.28-10-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Vijay Singh/- U T