Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13609 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- Lalamnia District- Madhubani ====================================================== 1.

Md. Azad Son of Md. Ramjani @ Sinnur Resident of Village - Dubarbona, P.S. - Lalmaniya, District - Madhubani 2.

Makina Khatoon Wife of Md. Ramjani @ Sinnur Resident of Village - Dubarbona, P.S. - Lalmaniya, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Adv For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP Mr. Prafull Chandra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2025 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State, Shri Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant. 2.

Learned counsel for the petitioner, after some argument, seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 1, Md. Azad. 3.

Permission is accorded.

4.

Accordingly, the instant anticipatory bail application is dismissed as withdrawn with respect to Petitioner No. 1.

5.

The petitioner (Makina Khatoon) apprehends her arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.13609 of 2025(3) dt.13-05-2025 2/3 Sections 302 and 34 of the IPC.

6.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that accused persons parked their 4 wheeler in front of the house of the informant on 23-6-2024 and started talking in filthy language, on protest, the accused persons started assaulting the informant by lathi and danda, further, when her daughter aged about 18 years came out to save her, when Md. Azad assaulted her by lathi, and thereafter other accused also assaulted her, on which her daughter fell and became unconscious and died in the ICU on 23-6-2024 itself during the course of treatment.

7.

The learned counsel for the petitioner next submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the deceased is against Md. Azad and as far as other accused persons are concerned, allegations against them are general and omnibus in nature.

8.

The learned APP along with the learned counsel appearing on behalf of informant opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.13609 of 2025(3) dt.13-05-2025 3/3 9.

Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the fact that petitioner is a woman, the petitioner (Makina Khatoon), in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lalmaniuya P.S. Case No. 43 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) SUMIT/- U T