Shabnam Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47947 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Shabnam Khatoon, wife of Khaliquz Zama, daughter of Habibullah Ansari, resident of Village-Gurwalia Bishwas, P.S.-Manuapul, District-West Champaran, Bettiah .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anjum Akhter For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Chanpatia P.S. Case No. 119 of 2015 dated 09.06.2015 instituted for the offences under Sections 147, 148, 149, 342, 323, 324, 307, 302 of the Indian Penal Code.
The petitioner has been named in the F.I.R but no specific allegation has been levelled against her. It is alleged that on the orders of Md. Habibullah Ansari, co-accused Khalikul Zama assaulted Mazahar Alam(deceased) on his head. The other accused persons are also alleged to have assaulted the deceased by means of iron rod and lathi. When Tabarak Ansari, younger brother of the informant, came to the rescue Mazahar Alam (deceased), he too was assaulted. With respect to assault on Tabarak Ansari, it is specifically alleged that co-accused Abid
Patna High Court Cr.Misc. No.47947 of 2017 (3) dt.06-12-2017 2/2 Ansari and Jabid Ansari assaulted him by means of iron rod. Because of the injuries suffered by Mazahar Alam (father of the informant), he died on 07.06.2017.
Learned counsel for the petitioner has submitted that but for naming the petitioner in the F.I.R, no specific overt act has been alleged against the petitioner. It has also been submitted that other accused persons have been granted bail by different Benches of this Court. The petitioner is in custody since 07.08.2017.
Regard being had to the aforesaid facts, this Court is inclined to grant bail to her.
The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 119 of 2015.
(Ashutosh Kumar, J) Shageer/- U T