Sk. Aiyub And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42084 of 2014 Arising Out of PS.Case No. -117 Year- 2014 Thana -BAARSOI (R.T) District- KATIHAR ======================================================

1. Sk. Aiyub Son of late Saydur Rahman

2. Zeenat Khatoon @ Zeenat Parvin D/o - SK. Aiyub, Both are resident of Baskat, Govindpur, P.S. - Barsoi Distt - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 448, 341, 323, 324, 307, 504 and 379/34 of the I.P.C. Allegedly, the petitioner no.1 gave farsa blow on Hasibur Rahman and the petitioner no.2 gave khanti blow on the head of Hasnoor Khatoon. The petitioner no.1 further made an attempt to press the neck, whereupon, the informant wanted to save her husband and then the petitioner no.1 assaulted her also. Submission is of false implication due to land dispute. They had committed no offence. Petitioner no.2 is unmarried and

Patna High Court Cr.Misc. No.42084 of 2014 (3) dt.22-04-2015 2/2 victim Hasnoor Khatoon in her statement recorded in paragraph18 of the case diary has not stated specifically that she was assaulted by petitioner no.2 and so far the injury found on the person of Hasibur Rahman, that is simple is nature caused by hard and blunt object and as such the petitioners deserve sympathetic consideration.

Considering that petitioner no.2 is unmarried lady and the victim in her statement recorded in paragraph-18 of the case diary has not stated specifically as to who has assaulted her and as such considering the injury report of Hasibur Rahman, the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Katihar in Barsoi P.S. Case No. 117 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T