Patna High CourtCR. MISC./4351/2025allowed

Noor Akhtar @ Md. Noor Akhtar v. The State Of Bihar

2025-03-21Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85612 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- AMAUR District- Purnia ====================================================== Bibi Shaheda @ Saheda, Wife of Mustaque @ Md. Mushtaque, Residence of Village - Chaurabhita, P.S. - Amour, District - Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4351 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- AMAUR District- Purnia ====================================================== Noor Akhtar @ Md. Noor Akhtar, S/O Mushtaque @ Md. Mushtaque, Resident of Village - Chaurabhita, P.S- Amour, Dist- Purnea ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 85612 of 2024) For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 4351 of 2025) For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Amour P.S. Case No.233 of 2024 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.85612 of 2024(3) dt.21-03-2025 2/3

3. The case of the prosecution is that the petitioner Bibi Shaheda @ Saheda has assaulted with iron rod to Ruksana. It is further alleged that 20 named and other persons arrived at the house of the informant and assaulted badly the husband of the informant due to which the husband of the informant died.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. From perusal of the injury report, it is clear that the nature of injury is still not available. The allegation against the petitioner namely, Bibi Shaheda @ Saheda is that she has given only one blow. There is no repetition of blow. Rest part of allegation is that altogether 20 named and other persons arrived at the house of the informant and assaulted badly the husband of the informant due to which the husband of the informant died. As far as the allegation against the petitioner Noor Akhtar @ Md. Noor Akhtar is concerned he is only arrayed as accused persons. There is no specific allegation of any overt act against him. Petitioners are having no criminal antecedent. They are languishing in judicial custody since more than six months.

5. The application for bail is opposed by learned APP for the State.

Patna High Court CR. MISC. No.85612 of 2024(3) dt.21-03-2025 3/3

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Amour P.S. Case No. 233 of 2024.

(Ashok Kumar Pandey, J) lata/- U T