Motaki Khatoon @ Nashira Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2791 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- LADANIA District- Madhubani ====================================================== 1.

MOTAKI KHATOON @ NASHIRA KHATOON Wife of Md. Sadre Resident of Village - Mirjapur, Hadishpur Tola, P.S.- Ladania, District - Madhubani.

2.

Hashrati Khatoon Wife of Md. Saddam Resident of Village - Mirjapur, Hadishpur Tola, P.S.- Ladania, District - Madhubani. 3.

Muniya Khatoon @ Najara Khatoon Wife of Sadre Alam @ Mohd. Sadrealam Residing at Mirjapur, Hadishpur Tola, P.S.- Ladania, District - Madhubani, Permanent Address Village - Gidarganj, P.S.- Andhrathadhi, District - Madhubani.

4.

Afrin Parveen Daughter of Sadre Alam @ Mohd. Sadrealam Residing at Mirjapur, Hadishpur Tola, P.S.- Ladania, District - Madhubani, Permanent Address Village - Gidarganj, P.S.- Andhrathadhi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv.

Ms. Kumari Shubham, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP.

Mr. Manoj Kumar Pandey, Adv.

Ms. Kumari Pallavi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 337, 504, 506, 34 of the Indian Penal Code and later Section 302 of the Indian Penal Code was also added.

Allegedly, petitioners along with other co-accused persons came at the house of the informant and started abusing the informant side. On the instigation of petitioner no.4, co-

Patna High Court CR. MISC. No.2791 of 2023(2) dt.04-05-2023 2/3 accused Lalwa Alam assaulted the husband of the informant with stone on his head due to which he sustained injury. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against one Lalwa Alam of assaulting with stone on the head of the informant's husband as a result of which he sustained head injury and in course of his treatment, he died. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as petitioners are ladies and there is no specific overt act against them, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.2791 of 2023(2) dt.04-05-2023 3/3 connection with Ladaniya P.S. Case No. 03 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T