Bibi Noor Saba And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.400 of 2019 Arising Out of PS. Case No.-50 Year-2017 Thana- SC/ST District- Banka * ====================================================== 1.

BIBI NOOR SABA, wife of Maqsood Alam resident of Uppar Tola Chihar, P.S. - Barahat, Distt.- Banka.

2.

Bibi Farzana, wife of Md. Hussain resident of Uppar Tola Chihar, P.S. - Barahat, Distt.- Banka.

3.

Bibi Soni @ Amna Khatoon, wife of Md. Hassan resident of Uppar Tola Chihar, P.S. - Barahat, Distt.- Banka.

4.

Bibi Jinat @ Bibi Jinat, wife of Md. Masroor Alam resident of Uppar Tola Chihar, P.S. - Barahat, Distt.- Banka.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Mahesh Harijan, Son of Late Sudhan Harijan, Village - lelabaran (Uppar Tola), P.S. - Barahat, Distt.- Banka ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Alok Kumar Alok For the Respondent/s :

Mr.Usha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-02-2019 The appellants seek pre arrest bail in connection with SC/ST P.S. Case No. 50 of 2017, registered for offences punishable under Sections 147, 149, 448, 341, 323, 504 and 506 of the Indian Penal Code and Section 3 (i)(r)(g) of SC/ST Act.

Allegation against the appellants is of trying to dispossess the informant from his land and also of abuse by caste name. It has been submitted on behalf of the appellants that all the appellants are ladies and have falsely been made accused in this case and no such occurrence as alleged has ever taken place and further no

Patna High Court CR. APP (SJ) No.400 of 2019 dt.28-02-2019 2/2 specific allegation has been attributed to the appellants. Heard learned Special P.P. also.

Having heard both sides, in view of the above facts, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Banka, in connection with SC/ST P.S. Case No. 50 of 2017, subject to the conditions laid down under Section 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

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