Azmeri Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20259 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- PAUTHU District- Aurangabad ====================================================== Azmeri Khatun Wife of Md. Sultan Resident of Village - Fesar, P.S.- Pauthu, Distt - Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner apprehends her arrest in connection with Pauthu P.S. Case No. 55 of 2019 registered for the offences punishable under Sections 302, 120(B) 504, 506/34 of the Indian Penal Code.

The first information report goes to show that petitioner and three other FIR named accused mercilessly assaulted the deceased but in course of investigation, one prosecution witness, namely, Md. Mustakeem who claimed himself to be eye witness of the alleged occurrence stated that it was FIR named accused Izhar Khan who assaulted the deceased.

Patna High Court CR. MISC. No.20259 of 2020(3) dt.07-10-2020 2/2 Moreover, it is submitted on behalf of the petitioner that one coaccused, namely, Md. Sultan Khan, having more or less similar allegation, has already been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 09.09.2020 passed in Cr. Misc. No. 20444 of 2020. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is a lady aged about 52 years, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Aurangabad in Pauthu P.S. Case No. 55 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T