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Patna High CourtCR. MISC./63257/2018bail granted

Rehana Praveen @ Gauri v. The State Of Bihar

2018-10-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63257 of 2018 Arising Out of PS. Case No.-302 Year-2018 Thana- JAMUI District- Jamui ====================================================== Rehana Praveen @ Gauri D/o Akwar, resident of Amarath, P.S. Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner, who is in custody, seeks bail in connection with Jamui P.S. Case No. 302 of 2018 registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.

Allegation against petitioner and other co-accused persons is that deceased Sikander Khan was forcefully dragged by the petitioner and other co-accused to their house and was assaulted by all of them. When the witnesses tried to save him, they were also assaulted by co-accused. When the witnesses finally entered into the house of the accused persons by breaking the door, they found the dead body of Sikander Khan. It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.63257 of 2018(2) dt.26-10-2018 2/2 There is general and omnibus allegation against petitioner. There is no eye witness of the occurrence. Petitioner has no criminal antecedent and she is in custody since 05.07.2018. Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Jamui, in connection with Jamui P.S. Case No. 302 of 2018 subject to the condition that:-

(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 present on each and every dated fixed by the court and her absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel her bail bond.

(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) veena/- U T