1. Heard Mr. Yogesh Chandra Verma learned senior counsel for the petitioner and learned counsel for O.P. No. 2.

2. That present criminal miscellaneous application is being filed for quashing of one of the condition of bail, as imposed through order dated 18.10.2022, as passed in B.P. No. 1432 of 2022, by learned Addl. Sessions Judge XII, Sitamarhi, arising out of Sursand P.S. Case No. 401 of 2022, registered for the offences under S.467, S.468, S.471, S.420, S.34 of the IPC and 14 of Foreigners Act, 2004, wherein learned Trial Court imposed a condition that "both the bailors should be local resident of Sitamarhi".

3. Petitioner admittedly a Pakistani citizen and, therefore, she is in custody since 08.10.2022, even after granting the bail as aforesaid in want of local bailors.

4. Mr. Y.C. Verma, learned senior counsel appearing for the petitioner submitted that the petitioner entered into the territory of India to solemnize her marriage with one Mr. Sayed Hyder, son of Late Sayed Baba Jani, R/o 19-5-28/10 / A, Kishan Bagh, Chirag Ali Nagar, Bahadurpura, district - Hyderabad, State - Andhra Pradesh. But while entering to Indian territory through Indo - Nepal border, she was apprehended and booked under aforesaid provisions of law. It is submitted by Mr. Verma, that Mr. Sayed Hyder who is proposed "groom" of petitioner is ready to stand as a bailor for the petitioner and his one brother or other close family members are also ready to stand as another bailor for petitioner, who are also the resident of Hyderabad and are Indian citizen but due to condition imposed as above they are not in position to stand as bailors for petitioner.

5. Mr. Verma, further submitted that certain fundamental rights are even available to foreign citizens and even after granting bail keeping petitioner in jail since last more than 2 years is amounting to violation of her fundamental rights just in want of local bailors. It is pointed out that it is a classical case of territorial and geographical biasness when a citizen of this country residing in Hyderabad is ready to stand as sureties and bailors for this petitioner.

6. In support of his submission, Mr. Verma learned senior counsel took shelter of para No. 33 of the legal report of Hon'ble Supreme Court as available through Moti Ram and others v. State of Madhya Pradesh reported in 1978 (4) SCC 47 : (AIR 1978 SC 1594) which reads as follows: -
"33. To add insult to injury, the Magistrate has demanded sureties from his own district! (We assume the allegation in the petition). What is a Malayalee, Kannadiga, Tamil or Telugu to do if arrested for alleged misappropriation or theft or criminal trespass in Bastar, Port Blair, Pahalgam or Chandni Chowk? He cannot have sureties owning properties in these distant places. He may not know any one there and might have come in a batch or to seek a job or in a morcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non - regional language applications? What law prescribes the geographical discrimination implicit in asking for sureties from the Court District? This tendency takes many forms, sometimes, geographic, sometimes linguistic, sometimes legalistic. Art.14 protects all Indians qua Indians within the territory of India. Art.350 sanctions representation to any authority, including a Court, for redress of grievances in any language used in the Union of India. Equality before the law implies that even a vakalat or affirmation made in any State language according to the law in that State must be accepted everywhere in the territory of India save where a valid legislation to the contrary exists. Otherwise, an Adivasi will be unfree in Free India, and likewise many other minorities. This divagation has become necessary to still the judicial beginnings, and to inhibit the process of making Indians aliens in their own homeland. Swaraj is made of united stuff.

7. Mr. Verma learned senio