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Patna High CourtCR. MISC./10920/2020bail granted

Sahrun Khatoon v. The State Of Bihar

2020-03-04Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10920 of 2020 Arising Out of PS. Case No.-545 Year-2019 Thana- AMARPUR District- Banka ====================================================== 1.

SAHRUN KHATOON W/o Md. Abbas Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka.

2.

Sufeda Khatoon W/o Md. Rustam Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka.

3.

Halima Khatoon W/o Sohrab Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka.

4.

Sakina @ sakina Khatoon W/o Md. Ikramul Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka. 5.

Nargis Khatoon W/o Md. Sahadat Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka.

6.

Ruiya Khatoon @ Rubiya Khatoon W/o Md. Aabid Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka. 7.

Rani Khatoon W/o Md. Ajhar Ansari Resident of Village - Chanha Bathan, P.S.- Fullidumar, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Amarpur (Fullidumar) PS case no. 545 of 2019 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 337, 379, 385, 504/506 of Indian Penal Code.

Patna High Court CR. MISC. No.10920 of 2020(2) dt.04-03-2020 2/3 The allegation is regarding the accused persons having assaulted the informant and his brothers. It is alleged that the brother of the informant namely Klam Ansari has received grievous injuries.

The learned counsel for the petitioners has submitted that as far as present petitioners are concerned, a general and omnibus allegation has been levelled and the injuries stated to have been caused by them have been found to be simple in nature. It is further submitted that grievous injury caused on the person of the brother of the informant namely Klam Ansari has been inflicted by the co-accused persons namely Ajhar Ansari, Aabid Ansari and Abbas Ansari. Lastly, it is submitted that the petitioners are having clean antecedent. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners as also taking into account the fact that a general and omnibus allegation has been levelled against the petitioners herein and grievous injury inflicted on the person of Klam Ansari is not attributable to them, I deem it fit and appropriate to admit the abovenamed petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below

Patna High Court CR. MISC. No.10920 of 2020(2) dt.04-03-2020 3/3 within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) PS case no. 545 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T