Samina Khatoon @ Samna Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21655 of 2023 Arising Out of PS. Case No.-332 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

SAMINA KHATOON @ SAMNA KHATUN WIFE OF MAKSUD ALI @ HIRA R/O VILLAGE- SASARAMA, P.S.- BISFI, DISTRICTMADHUBANI 2.

FARJAN ALI SON OF MAKSUD ALI @ HIRA R/O VILLAGESASARAMA, P.S.- BISFI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MD. TAJUDDIN SON OF MD. MOSEEM R/O VILLAGE- SASARAMA, P.S.- BISFI, DISTRICT- MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 379, 380, 386, 449, 354(B), 436, 120(B) of the Indian Penal Code and Sections 3 and 4 of the Dian Act and Section 25 of the Arms Act.

The informant alleges that the petitioners along with other accused persons came and started abusing the wife of the complainant on the ground that she is a witch

Patna High Court CR. MISC. No.21655 of 2023(2) dt.04-07-2023 2/3 and by doing witchcraft she made their children ill, it is next alleged thereafter, the accused persons assaulted the complainant and his wife and petitioner no. 1 took away the sewing machine and petitioner no. 2 took the bicycle of the complainant.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no. 1 is a woman. Learned counsel for the petitioners next submits that petitioners have been falsely implicated in the present case, it is next submitted that they are agnates and on account of land dispute the present false case came to be instituted with no specific allegation of assault.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.21655 of 2023(2) dt.04-07-2023 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case P.S. Case No. 332 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T