Armina Khatoon And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.369 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================
1. Haidar Ali Son of Fida Hussain
2. Sahabjadi @ Shahjadi Daughter of Haidar Ali
3. Noor Jinnat Daughter of Haidar Ali
4. Nanhaki @ Sitara Khatoon @ Nanki Daughter of Haidar Ali
5. Jamila Khatoon Wife of Haidar Ali All above residents of Village - Pyarepur, Police Station - Baniyapur, District - Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1666 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================
1. Armina Khatoon
2. Apsari Khatoon Both D/o Abid Hussain Residents of Village- Pyarepur P.S. Baniyapur, Dist- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.369 of 2016) For the Petitioner/s : Mr. Baindhyachal Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Sharma (APP) (In Cr.Misc. No.1666 of 2016) For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Amitesh Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
Cr. Misc. No. 369 of 2016 arises out of Baniyapur P.S. Case No. 212 of 2015 whereas Cr. Misc. No. 1666 of 2016 arises out of Baniyapur P.S. Case No. 213 of 2015. This is not in dispute at the bar that both the cases are counter version of each other relating to same occurrence. It has been submitted that both sides have received injuries and none of the petitioners have criminal antecedents. It has also been submitted that there is no chance that the petitioners of either of the cases would be fleeing from the course of justice.
Considering the nature of dispute and the accusation against the petitioners, these applications are allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar Yadav, learned Judicial Magistrate, Ist Class, Saran at Chapra in Baniyapur P. S. Case No. 212 of 2015 & Baniyapur P.S. Case No.213 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners
shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U