Najma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8962 of 2020 Arising Out of PS. Case No.-130 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== NAJMA KHATOON W/o Khursheed Alam R/o village- Chhata, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Hussainganj P.S. Case No. 130 of 2019 for the offence registered under Sections 147, 148, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having assaulted the informant and the members of the prosecution party by means of lathi and danda.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that no specific allegation of overt act has been

Patna High Court CR. MISC. No.8962 of 2020(2) dt.02-03-2020 2/2 levelled against the petitioner herein and a general and omnibus allegation has been levelled. Lastly, it is submitted that similarly situated co-accused person has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 23.10.2019 passed in Criminal Misc. No. 63850 of 2019. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 130 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T