Noorjahan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83749 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== Noorjahan Khatoon, Wife of Mustafa Ansari, Resident of Village - Khalwa Patii, Kathar Tola, P.S.- Dhanha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar Sharma, Adv.

Mr.Dinesh Prasad Verma, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2019 Learned counsel for the petitioner is permitted to make correction in paragraph 9 of the petition. Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Dhanha P.S. Case No.10 of 2019 registered for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is general and omnibus allegation against the petitioner.

Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.83749 of 2019(2) dt.17-12-2019 2/3 Considering the facts and circumstances of the case wherein this petitioner is said to be the mother of the girl with whom the nephew of the informant is said to have developed relationship and for which he has been allegedly killed, however, in the FIR no allegation has been made against this petitioner and no role has been attributed to her as also that the petitioner has remained in custody for more than three months by now, the investigation against her is complete, charge-sheet already filed, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran in connection with Dhanha P.S. Case No.10 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.83749 of 2019(2) dt.17-12-2019 3/3 disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T