Allowed

Kuraisa Khatoon @ Kresha Khatoon @ Bibi Kuresha v. The State Of Bihar

Patna HC23 Apr 2013CR. MISC./11166/2013

Case brief

AI extract

What is this about?

Single judge order granting bail to the petitioner, a lady of the house, in a prosecution under the NDPS Act pending her husband's surrender, subject to specific surety and reporting conditions.

What did the court decide?

Petitioner released on bail with husband's surrender, bond of Rs. 5,000/- with sureties, and mandatory reporting to Superintendents of Police every two weeks for six months.

Kuraisa Khatoon @ Kresha Khatoon @ Bibi Kuresha Vs The State… — Narcotics (NDPS) | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 11166 of 2013

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=================================================== Kuraisa Khatoon @ Kresha Khatoon @ Bibi Kuresha, Wife of Md. Mojib @ Kusua. .... .... Petitioner/s Versus The State of Bihar & Anr. .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s : Mr. Anisur Rahman, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP.

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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03. 23.04.2013 Heard learned counsel for the Petitioner and the

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State.

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The Petitioner seeks bail in a case instituted for the offences under Sections 17, 27 and 27(A) of the NDPS Act.

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The submission of the Petitioner is that she being lady of the house she did not have active complicity for the sale of narcotics substance and in fact his husband was involved. However, it is not known as to whether her husband has surrendered as yet.

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Considering the aforesaid submission, let the Petitioner be released on bail as and when her husband Md. Mojib @ Kusua who is the main accused surrenders on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of District Judge,

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Patna High Court Cr.Misc. No.11166 of 2013 (3) dt.23-04-2013

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Purnia cum Special Judge, Purnia in connection with Baisi (Dagarwa) P.S. Case No. 246/2012 (Special Case No. 17 of 2012) subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the son of the Petitioner namely Md. Sanowar Alam. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

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In the nature of offence, the Petitioner is directed

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Patna High Court Cr.Misc. No.11166 of 2013 (3) dt.23-04-2013

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to appear before the Superintendent of Police, Purnia within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the Petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

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(Anjana Prakash, J.)

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Vikash/-

Kuraisa Khatoon @ Kresha Khatoon @ Bibi Kuresha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kuraisa Khatoon @ Kresha Khatoon @ Bibi Kuresha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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