Patna High CourtCR. MISC./5891/2015rejected

Munni Khatoon v. The State Of Bihar

2015-02-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5891 of 2015 Arising Out of PS.Case No. -330 Year- 2013 Thana -NANHPUR District- SITAMARHI ======================================================

1. Munni Khatoon wife of Md. Sabir Resident of village- Pandaul Bujurg, P.S.Nanpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Nanpur Police Station Case No. 330 of 2013 registered for the offences punishable under Sections 341, 323, 324, 307, 380, and 504/34 of the Indian Penal Code.

The accusation against the petitioner is that she gave sword blow on the head of Sahana Khatoon who sustained injury on her head which is said to be caused by sharp cutting weapon. The contention on behalf of the petitioner is that the injury sustained by Sahana Khatoon is simple in nature and moreover, there is land dispute between the parties and that is the reason of false implication of the petitioner in the alleged crime.

Patna High Court Cr.Misc. No.5891 of 2015 (2) dt.18-02-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for anticipatory bail of petitioner in connection with Nanpur Police Station Case No. 330 of 2013, pending in the court of Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi stands rejected. However, if the petitioner surrenders and seeks regular bail in connection with Nanpur Police Station Case No.

330 of 2013, pending in the court of Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi within four weeks from today the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order, particularly keeping in mind the nature of injury sustained by injured Sahana Khatoon as well as this aspect of the matter that there is special provision in Cr. P.C for consideration of regular bail application of a woman and furthermore, the concerned court shall disposed of the regular bail application of the petitioner on the same day by passing reasoned order.

(Hemant Kumar Srivastava, J) Namita/- U