Bibi Sabra Khatoon @ Bibi Sabra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27754 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== 1.

Bibi Sabra Khatoon @ Bibi Sabra W/o Md. Waziruddin Resident of VillageSimaria, P.S.- Kajraili, District- Bhagalpur. 2.

Hasina Khatoon @ Bibi Hasina @ Hasina D/o Md. Waziruddin Resident of Village- Simaria, P.S.- Kajraili, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 Heard both parties.

The petitioners seek bail in Kajraili P.S. Case No. 74 of 2020, registered for the offence punishable under Sections 302, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, on 17.11.2020 at about 12.30 'O' clock neighbour of informant namely, Waziruddin was constructing his house by increasing Chhajja upon his land and when the informant's mother-in-law Bibi Rukhshana went to stop the construction work, the accused persons including petitioner no. 2 Hasina Khatoon assaulted her mother-in-law and when Marhaba Khatoon came to rescue her mother she was also assaulted by the accused persons. It is further alleged that petitioner no. 1 along with other accused persons entered into

Patna High Court CR. MISC. No.27754 of 2021(3) dt.22-11-2021 2/2 the house and damaged the kitchen, snatched jewellery worth Rs. 10,000/- and cash of Rs. 50,000/-.

It is submitted on behalf of the petitioners that petitioners are Pardanasheen ladies and are next door neighbour. Petitioner no. 2 is unmarried lady. Admittedly, there is land dispute between the parties, as a result of which scuffle took place. There is general and omnibus allegation of assault against all the accused persons. The deceased died during course of treatment. Moreover, there is delay of nine days in lodging of FIR for which there is no plausible explanation for the same. Petitioners claim clean antecedent and they are in custody since 11.12.2020.

Considering the facts and circumstances of the case and the fact that there is land dispute between the parties, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, Bhagalpur in connection with Kajraili P.S. Case No. 74 of 2020. (Prabhat Kumar Singh, J) vinita/- U T