Mustri Bibi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7520 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Mustri Bibi, Wife of Late Liak Beg, Resident of Village-Muradabad, P.S.- Sasaram (M), District-Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Petitioner in the present case is seeking anticipatory bail in connection with Sasaram (M) P.S. Case No. 312 of 2019 registered for the offences punishable under Sections 302, 120B, 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is aged about 80 years and only allegation against her is that she had threatened the informant if the shop will not be vacated within two days. It is further submitted that there is a dispute between the landlord and the tenant. Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.7520 of 2020(2) dt.

03-03-2020 2/3 Considering the facts and circumstances of this case and the submission of learned counsel for the petitioner that so far as this petitioner is concerned, she is aged about 80 years, there is no allegation that she had in any way actively participated in the alleged occurrence but her name has been brought in this case by making allegation that she had threatened the informant that if the shop will not be vacated within two days then there will be dire consequence of the same, further submission of the learned counsel for the petitioner that the name of the petitioner has been brought in this case only to harass each and every member of the family and there seems to be a dispute between the landlord and the tenant and that one more case between the same parties the petitioner has been made accused, save and except there is no other case against the petitioner, let the petitioner above named in the event of her arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs.

15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (M) P.S. Case No.

(2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.7520 of 2020(2) dt.03-03-2020 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/- U T