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Patna High CourtCR. MISC./16335/2024allowed

Maimun Khatoon @ Maimun v. The State Of Bihar

2024-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16335 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Maimun Khatoon @ Maimun WIFE OF MD. JAHIR RESIDENT OF VILLAGE - WARD NO. 14, SANPATAHA, PS- LAUKAHI, DISTTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 307, 354(B), 504 and 34 of the Indian Penal Code.

3. As per the FIR, the petitioner assaulted the informant by means of dabiya due to which she sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The bail application of the petitioner was rejected by the learned court below because the injured sustained injury on

Patna High Court CR. MISC. No.16335 of 2024(2) dt.14-03-2024 2/2 vital part of her body. He further submits that there is no specific overt act against the petitioner. There is admitted land dispute between the parties. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that the nature of injury is not mentioned in the impugned order, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Laukahi P.S. Case No.198 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T