Juhi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15368 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- DHURAIYA District- Banka * ====================================================== Juhi Khatoon, Daughter of Md. Jahangir, Resident of Village- Dhopsanda, Police Station- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the IPC.

The prosecution case as per the written report of Md. Gufran submitted to the Station House Officer, Dhoraiya Police Station, is to the effect that on 29.08.2018 at 07.00 P.M., when the informant was returning home after easing out, in the meantime, five FIR named accused persons including the petitioner came and caught hold of the informant and took him to their house. Thereafter, all the accused persons including the

Patna High Court CR. MISC. No.15368 of 2019(2) dt.13-03-2019 2/3 petitioner started assaulting the informant with fists and slaps. It is specifically alleged that co-accused, Md. Guddu assaulted on the abdomen of the informant with knife causing bleeding injury and thereafter threw him on a street.

It is submitted by the learned counsel for the petitioner that the accusation of assaulting the informant with fists and slaps is omnibus and general against all the five FIR named accused persons, including the petitioner, whereas the specific accusation of assaulting the informant with knife is against the co-accused, Md. Guddu. It is further submitted that there is no injury report available on record with regard to the injury caused to the informant. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by the learned APP for the State that the petitioner is named in the FIR.

Considering the thrust of accusation is against the coaccused Md Guddu, the petitioner is an unmarried girl, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within

Patna High Court CR. MISC. No.15368 of 2019(2) dt.13-03-2019 3/3 a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Banka, in connection with Dhoraiya P.S. Case No.178 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/- U T