Amina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82588 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Amina Khatoon W/o Nasir Main Resident of Village - Mathia, Hata, P.S.- Kuchaikote, Distt.- Gopalganj.

2.

Makima Khatoon W/o Md. Basir Ahmad, Resident of Village - Mathia, Hata, P.S.- Kuchaikote, Distt.- Gopalganj.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Md. Naushad Uzzoha, Advocate For the State :

Mr. Choubey Jawahar, Addl Public Prosecutor For the informant Mr. S. S. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners as well as learned counsel for the State and the informant. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307 and other allied sections of the Indian Penal Code and under the Arms Act. It is alleged that the accused persons came in front of the house of the informant and fired from their pistol. Learned counsel for the petitioners submits that as per the FIR, petitioners are not the persons who fired at the informant.

The only allegation against these two petitioners are that the other co-accused, who made firing, had talked to these petitioners before making firing. Petitioners have got no criminal antecedent and save and except suspicion due to the business of land brokery, there is nothing to connect them with the occurrence. Petitioners are ladies of 50 and 52 years age. Learned counsel for the informant Sumit Shekhar Pandey submits that in fact the miscreants had some talk with these petitioners thereafter they fired at the informant. It is further alleged that these petitioners are main conspirators on whose instance, the occurrence has taken place.

Patna High Court CR. MISC. No.82588 of 2019(2) dt.18-12-2019 2/2 Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl Chief Judicial Magistrate, VII, Gopalganj in Kuchaikote Police Station Case No. 235 of 2019, on the following conditions:-

(1) Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T