Md. Shamsad Alam @ Shamshad Ali @ Shamshad Alam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34522 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -BALRAMPUR District- KATIHAR ======================================================
1. Md. Shamsad Alam @ Shamshad Ali @ Shamshad Alam S/o Late Sk. Giyasuddin
2. Tahera Khatoon @ Bibi Tahera Khatoon W/o Shamsad Alam @ Shamsad Ali @ Shamshad Alam Both are Resident of Village Dulahpur, Loucha, P.S. Balrampur, District Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2015 Supplementary affidavit is filed on behalf of the petitioner.
Heard learned counsel for the petitioner No. 2 and learned Additional Public Prosecutor for the State. The petitioner No. 2 apprehends her arrest in connection with Balrampur P.S. Case No. 61 of 2014 registered for the offence under Sections-302,341, 323, 307, 354, 504, 506/34 of the Indian Penal Code. The prayer of anticipatory bail of petitioner No. 1 has already been withdrawn being infructuous. Petitioner No. 2 along with three others is named in the first information report and there is general allegation of
Patna High Court Cr.Misc. No.34522 of 2014 (3) dt.19-02-2015 2/2 assault against all the accused including petitioner No. 2. The postmortem report of the deceased reveals that the head injury of the deceased became fatal for him. Moreover, the petitioner No.2 happens to be a lady and the alleged occurrence took place on account of land dispute.
Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner No. 2 namely, Taheera Khatoon @ Bibi Tahera Khatoon, in the event of her arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Balrampur P.S. Case No. 61 of 2014 to the satisfaction of Chief Judicial Magistrate, Katihar subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T