Anwari Khatoon @ Tunni @ Nikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87042 of 2019 Arising Out of PS. Case No.-268 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== 1.
Anwari Khatoon @ Tunni @ Nikki, female, aged about 26 years, D/o Md. Late Navi Hasan @ Navi Hasan Miya 2.
Jafrani Khatoon @ Zafrin Khatoon, female, aged about 24 years, W/o Md. Ezaj Kadri Both resident of Nardiganj Bazar, P.S.- Nardiganj, District- Nawadah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dineshwar Prasad Singh, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Nardiganj PS Case No. 268 of 2019 dated 12.10.2019 instituted under Sections 201,120B/34 of the Indian Penal Code and 3,4 and 5 of the Explosive Substances Act, 1908.
3. The allegation against the petitioners is that from their house explosive like substance was recovered.
4. Learned counsel for the petitioners submitted that the petitioner no. 1, is the sister of co-accused Md. Naushad and Md. Tufail whereas petitioner no. 2 is the wife of the brother of the said
Patna High Court CR. MISC. No.87042 of 2019 dt.19-03-2020 2/3 two accused. It was submitted that they have no connection with the substance which has been recovered as the same was not recovered from their portion of the house in which they were living and, at best, it may belong to the two co-accused, who were in the business of making fire crackers. Learned counsel submitted that the husband of petitioner no. 2 is working in Mumbai as tailor and that he has no connection with the recovered articles. It was submitted that there has been no forensic examination of the material recovered. Learned counsel submitted that the petitioners have no other criminal antecedent and are ladies being in custody since 13.10.2019.
5. Learned APP, from the case diary, submitted that explosive substance has been recovered from the house of the petitioners. However, he was not in a position to controvert the fact that it has come during investigation that the other two coaccused were dealing in business of fire crackers and further that no forensic report has been obtained with regard to the alleged recovered substance.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousands) each with two sureties of the like
Patna High Court CR. MISC. No.87042 of 2019 dt.19-03-2020 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawadah in Nardiganj PS Case No. 268 of 2019. One of the bailors shall be a close relative of the petitioners. The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds.
7. The application stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T