Shahjahan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57143 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -BHELDI District- SARAN ====================================================== Shahjahan Khatoon W/o Salamat Hussain, R/o Bhimabandh, P.S.- Bheldi, District- Chapra.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Jha, Adv. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Bheldi Police Station Case No. 146 of 2017 registered for the offences punishable under sections 341, 323, 307, 302 and 504/34 of the Indian Penal Code.
It is alleged that dispute between the parties arose on account of flowing drainage water. This petitioner and two other named accused came at the house of the informant and they abused and assaulted her. When her maternal grandfather aged about 65 years came for her rescue, the husband of this petitioner assaulted him on his back on account of which he fell down and died at the spot. The informant was however moved to hospital for
Patna High Court Cr.Misc. No.57143 of 2017 (2) dt.14-12-2017 2/2 treatment.
The learned counsel for the petitioner submits that the allegation of assault is against the husband of the petitioner. The deceased died for some other reasons which is apparent from the post mortem report in which doctor has not reported any external injury. This petitioner allegedly assaulted the informant on her head. The injury appears simple in nature from the injury report annexed with the supplementary affidavit filed on behalf of the petitioner. The petitioner is a lady having clean antecedent and and is in custody since 13.09.2017.
Considering the facts and circumstances, as stated above, the prayer of bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Saran, in connection with Bheldi Police Station Case No. 146 of 2017, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (Sanjay Kumar, J) Mahesh/- U T