Asma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3769 of 2022 Arising Out of PS. Case No.-7 Year-2021 Thana- KESARIA District- East Champaran ====================================================== 1.

Asma Khatoon, Female, aged about 35 years, W/o Md. Mumtaj. 2.

Jahidan Khtoon, Female, aged about 32 years, W/o Md. Rahim Miyan. Both resident of Village - Dilawarpur, P.S. - Kesariya, District - East Champran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks from today. The petitioners seek bail in connection with Kesariya P.S. Case No. 07 of 2021 registered for the offences punishable under Sections 341, 323, 324, 504 and 506 of the Indian Penal Code and later on Section 302 of the IPC is added. The allegation against the petitioners are that they along with other co-accused persons brutally assaulted the mother of the informant, who subsequently died.

Patna High Court CR. MISC. No.3769 of 2022(2) dt.08-06-2022 2/3 It has been submitted on behalf of the petitioners that the petitioners are innocent and general and omnibus allegations of assault are only there in the FIR which has been registered after a delay of seven days and there is no explanation for the delay, which shows that the FIR to be as afterthought. The petitioners are ladies and are in custody since 11.08.2021. Having regard to the statement made hereinabove and considering the fact that there is general and omnibus allegations of assault against the lady petitioners without any specific overt act being assigned to them, they are ordered to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari East Champaran in connection with Kesariya P.S. Case No.07 of 2021, subject to the following conditions:

(i) One of the bailors will be a close relative of the petitioners, preferably one of his parents.

(ii) The petitioners will remain present on each and every date fixed by the court below and not delay the trial. In case of absence for three consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the Court concerned.

Patna High Court CR. MISC. No.3769 of 2022(2) dt.08-06-2022 3/3 (iii) The petitioners will not indulge in similar or in any other offence.

(Arun Kumar Jha, J) Anand Kr.

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