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Patna High CourtCR. MISC./82247/2023allowed

Sagufta Parween @ Kausar Khatoon v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82247 of 2023 Arising Out of PS. Case No.-387 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sagufta Parween @ Kausar Khatoon Wife Of Md. Nasiruddin R/O Mohalla - Jamalpura, Ward No. 31, P.S. - Laheria Sarai, Distt. - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is that she along with other co-accused persons murdered the informant's son, namely, Md. Anwar (now deceased). The motive behind the murder was an eruption of dispute on the occasion of Muharram.

Patna High Court CR. MISC. No.82247 of 2023(2) dt.19-12-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Informant is not an eye witness of the alleged offence. She has no concern with the alleged offence and his name has been arrayed only on the basis of suspicion. Moreover, the petitioner is languishing in judicial custody since 03.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laheriya Sarai P.S. Case No. 387 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.82247 of 2023(2) dt.19-12-2023 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga.

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