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Patna High CourtCR. MISC./13645/2022partly allowed disposal

Zakir Mian v. The State Of Bihar

2022-08-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13645 of 2022 Arising Out of PS. Case No.-473 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Zakir Mian Son of Late Tabarakh Mian Resident of Village - Gobari, P.S. - Banjariya, District - East Champaran.

2.

Feku Mian @ Pek Mian @ Sakir Mian Son of Late Tabarakh Mian Resident of Village - Gobari, P.S. - Banjariya, District - East Champaran. 3.

Shahnaj Khatoon Wife of Zakir Mian Resident of Village - Gobari, P.S. - Banjariya, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioners no.1 and 2, namely, Zakir Mian and Feku Mian @ Pek Mian @ Sakir Mian as they have already been arrested by the police.

Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioners no.1 and 2, namely, Zakir Mian and Feku Mian @ Pek Mian @ Sakir Mian are concerned.

Heard learned counsel for the petitioner and learned

Patna High Court CR. MISC. No.13645 of 2022(2) dt.10-08-2022 2/3 APP for the State.

Petitioner No.3, Shahnaj Khatoon apprehends her arrest in connection with Turkauliya (Banjariya) P.S. Case No.473 of 2021, registered for the offences punishable under Sections 341, 323, 324, 354(B), 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against the petitioner. The injuries sustained by the injured person are simple in nature and the petitioner has got no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner no.3, namely, Shahnaj Khatoon, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case

Patna High Court CR. MISC. No.13645 of 2022(2) dt.10-08-2022 3/3 No.473 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T