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Patna High CourtCR. MISC./22/2025bail granted

Sangupta Khatoon @ Sangupfa Khatoon @ Sangufta Khatoon v. The State Of Bihar

2025-04-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- Kachna District- Katihar ====================================================== Sangupta Khatoon @ Sangupfa Khatoon @ Sangufta Khatoon W/O Md. Muntakim Resident of Village- Boganda, P.S- Kachna, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Kachna P.S. Case No. 19 of 2024 registered for the alleged offences under Sections 302, 201 of the Indian Penal Code.

03. As per prosecution case, husband of the informant went missing and after three days his dead body was recovered concealed with sand. The name of the petitioner transpired during investigation as one of the accused persons involved in the murder of the husband of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The

Patna High Court CR. MISC. No.22 of 2025(4) dt.09-04-2025 2/3 husband of the informant went missing on 05.06.2024, but the FIR was lodged only on 08.06.2024 without any explanation for the delay. Learned counsel further submits that sniffer dogs were used in investigation but they did not identify the house of the informant, who has been dragged in this case merely on suspicion. There is no direct or indirect evidence regarding involvement of this petitioner. There is no eye witness to the alleged occurrence. The petitioner is a lady and she is having no criminal antecedent. The petitioner is in custody since 19.08.2024 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the deceased was having illicit relationship with the petitioner who was also having further illicit relationship with co-accused Md. Afaq and both of them in a planned manner killed the husband of the informant and disposed of his dead body by concealing it under sand.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is lady and further considering the lack of any substantive material against the petitioner to connect her with the offence as alleged and further considering the clean antecedent of the petitioner and her period of custody along with

Patna High Court CR. MISC. No.22 of 2025(4) dt.09-04-2025 3/3 submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar/court concerned in connection with Kachna P.S. Case No. 19 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T