Guriya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25712 of 2021 Arising Out of PS. Case No.-371 Year-2020 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

GURIYA KHATOON WIFE OF RIYAZ KHAN RESIDENT OF VILLAGEDOSTTALY BIGHA, IN-FRONT OF KHANKHA, RENTER OF SUHAIL, P.S.- PAKRIBARAWAN, DISTRICT- NAWADA 2.

RIYAZ KHAN @ MD. RIYAZ SON OF KASIM MIYA RESIDENT OF VILLAGE- DOSTTALY BIGHA, IN-FRONT OF KHANKHA, RENTER OF SUHAIL, P.S.- PAKRIBARAWAN, DISTRICT- NAWADA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GUDIYA KHATOON W/O GULAB KHAN RESIDENT OF VILLAGEDOSTALY BIGHA, P.S. PAKRIBARAWAN, DISTRICT-NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP For the Informant :

Mr.Sheo Kumar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 316, 504, 506 and 34 of the Indian Penal Code. The informant alleges that the accused persons, including the petitioners, assaulted her on account of which she delivered prematurely leading to death of the new born child. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, petitioners are sister-in-

Patna High Court CR. MISC. No.25712 of 2021(4) dt.30-08-2022 2/2 law and brother-in-law of the informant, the allegations are general and omnibus in nature. It is further submitted that no reason or motive has been assigned in the F.I.R. for committing the occurrence, further the informant had delivered a child of unusually small weight and for some complications, the child may have died, however, there is no report of the hospital which would in any manner indicate that premature delivery was because of any assault perpetrated upon the informant. Learned A.P.P. for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to meet the submissions of the learned counsel for the petitioners that the allegation of assault is general and omnibus in nature and there is no report of the hospital to the effect that premature delivery took place on account of assault.

Considering the submissions made by the learned counsel for the petitioners, the provisional bail granted to the petitioners vide order dated 26.05.2022 is hereby confirmed on the same terms and conditions.

(Satyavrat Verma, J) Rishi/- U T