Khushbun Khatoon @ Khusbun Khatoon @ Khushnuma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67722 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Khushbun Khatoon @ Khusbun Khatoon @ Khushnuma Khatoon Daughter of Late Asik Ali, Resident of Village-Hathaura, P.S. Hussainganj, DistrictSiwan Bihar. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Respondent/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Hussainganj P.S. Case No. 73/2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant has alleged that while he was on his morning walk, he found his maternal nephew was lying in injured condition on the road and he told that F.I.R. named accused assaulted him and, thereafter, he took him to his jeep to hospital from where he was referred to PMCH but he died on the way. It has been submitted on behalf of the petitioner that she is a lady and has falsely been implicated in this case on the basis of false allegation. Petitioner has no criminal antecedent and she is in custody since 31.05.2018.

Patna High Court Cr.Misc. No.67722 of 2018(3) dt.15-01-2019 2/2 Counsel for the informant has vehemently oppose the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Hussainganj P.S. Case No. 73/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T