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Patna High CourtCR. MISC./28141/2021bail granted

Hajara Khatoon v. The State Of Bihar

2021-12-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28141 of 2021 Arising Out of PS. Case No.-548 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== 1.

HAJARA KHATOON Wife of Late Md. Firoj Resident of VillageBaradaud, P.S.- Paroo, District- Muzaffarpur. 2.

Rasida Khatoon Daughter of Late Md. Firoj Resident of Village- Baradaud, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Dr. Bipin Chandra, learned counsel for the petitioners. No one appears for the State.

Petitioners seek regular bail in connection with Paroo P.S. Case No. 548 of 2020 registered for the offence under Sections 147 , 148 , 149 , 323 , 324 , 307 , 302 / 34 , 120 (B) of the I.P.C. and Section 27 of the Arms Act.

The allegation as per the First Information Report is that all the accused persons named in the F.I.R. entered into the house of the informant, assaulted her and her family members and the co-accused / Md. Mansoor fired upon the son of the informant, due to which he died.

Patna High Court CR. MISC. No.28141 of 2021(2) dt.06-12-2021 2/3 Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and upon perusal of the F.I.R. it would be evident that allegation against the petitioners is general and omnibus in nature. He further submits that allegation against the co-accused / Md. Mansoor is specific that he fired upon the son of the informant. He next submits that the co-accused persons namely, Md. Salamuddin and Rehana Khatoon have been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. 20911 of 2021. He also submits that petitioners are ladies and have been languishing in jail since 30-09-2020.

Regard being had to submissions made by the parties and taking into consideration the materials available on record , the fact that specific allegation is against the co-accused / Md. Mansoor, the allegation against the petitioners is general and omnibus in nature and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - III (W),

Patna High Court CR. MISC. No.28141 of 2021(2) dt.06-12-2021 3/3 Muzaffarpur / concerned court in connection with Paroo P.S. Case No. 548 of 2020.

(Anil Kumar Sinha, J) praful/- U T