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Patna High CourtCR. MISC./80072/2023allowed

Jubaida Khatoon @ Jubaida Nesha v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80072 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- GOBARDHANA District- West Champaran ====================================================== Jubaida Khatoon @ Jubaida Nesha W/O Nasir Miyan R/O VillageKhairwatola, P.S- Gobardhana, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to kill the informant's daughter namely, Modina Khatoon in connivance with other accused persons. The alleged incident took place in the background of the illicit relationship developed by the petitioner with the husband of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is said

Patna High Court CR. MISC. No.80072 of 2023(2) dt.13-12-2023 2/2 that the petitioner developed illicit relationship with deceased's husband and on the basis of same, suspicion has been raised against the petitioner and she has falsely been made an accused in this case. No one is eye witness of the alleged occurrence. No any consistent material has brought on record to connect the petitioner with the alleged occurrence. The petitioner has got no criminal antecedent. She is a lady and languishing in judicial custody since 16.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as the petitioner is a lady and her custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gobardhana P.S. Case No. 23 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bettiah West Champaran.

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