Angustari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81162 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Angustari Khatoon W/O Md. Khurshid Alam R/O- Pothra, Ps. Balrampur, Distt. Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Sanjeev Kumar Singh, Adv Mr. Galib Shaikh, Adv For the State :

Ms. Rita Verma For the Informant :

Mr. Md. Helal Ahmad, Adv Mr. Ejaz Akhtar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is a case of commission of murder of the brother of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely

Patna High Court CR. MISC. No.81162 of 2023(3) dt.15-01-2024 2/3 been implicated in this case. There is general and omnibus allegation of assaulting to the brother of the petitioner against four F.I.R named accused persons including the petitioner and some unknown person due to which, he sustained injuries and succumbed to the injuries. The petitioner is lady and languishing in custody since 15.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that it is the specific case of the prosecution that this petitioner was directly involved in the commission of murder of the brother of the informant along with other F.I.R named accused persons.

Considering the facts aforesaid and the period under custody as well as the fact that petitioner is lady,

Patna High Court CR. MISC. No.81162 of 2023(3) dt.15-01-2024 3/3 let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Balrampur P.S. Case No. 84 of 2023. The petitioner will cooperate in the trial and shall not absent herself from the trial court proceeding. None cooperation of the petitioner in the trial proceeding will give liberty to the Trial Court to cancel the bail bonds of the petitioner.

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