This is an oral order granting anticipatory bail to the petitioner, a woman accused in a murder case, on submission of innocence, lack of antecedents, and false implication, upon furnishing a personal bond.
Petitioner directed to be released on bail on personal bond before Additional Chief Judicial Magistrate VI, Katihar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19897 of 2023
Arising Out of PS. Case No.-219 Year-2022 Thana- BALRAMPUR District- Katihar
======================================================
MOMINA KHATOON W/O LATE KHUSHDIL Resident of VillageRoshanganj, P.S.- Balrampur, District- Katihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Helal Ahmad For the Opposite Party/s : Mr.Md. Aslam Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 19-04-2023
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends arrest in connection with Balrampur (Telta O.P) P.S. Case No. 219 of 2022 registered for the offences under Section 302 and other allied sections of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a woman she is innocent and has falsely been implicated in the instant case due to suspicion. Further submission is that the specific allegation is against other coaccused persons and the petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the
Patna High Court CR. MISC. No.19897 of 2023(2) dt.19-04-2023 2/2
event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Additional Chief Judicial MagistrateVI, Katihar in connection with Balrampur (Telta O.P) P.S. Case No. 219 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
anuradha/-
U T
2 issues framed by the court
Whether the petitioner, apprehending arrest in a murder case, is entitled to anticipatory bail.
Whether the petitioner is innocent and falsely implicated in the instant case.
1 provisions across 1 enactments
Momina Khatoon
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
