Sanjeeda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35775 of 2021 Arising Out of PS. Case No.-39 Year-2016 Thana- SHRI NAGAR District- Madhepura ====================================================== SANJEEDA KHATOON Wife of Md. Mannan @ Gonar Resident of VillagePuraini, P.S.- Srinagar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr. Laxmi Kant Sharma.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Learned counsel for the petitioner submits that inadvertently, in the first paragraph and prayer portion of the petition, "Sri Nagar P.S. Case No. 39 of 2020" has wrongly been mentioned in place of "Sri Nagar P.S. Case No. 39 of 2016".

Accordingly, counsel for the petitioner is permitted to make necessary correction in the first paragraph and prayer portion of the main petition.

The petitioner is apprehending her arrest in Sri Nagar P.S. Case No. 39 of 2016 registered under Sections 147, 148, 149,

Patna High Court CR. MISC. No.35775 of 2021(2) dt.24-03-2022 2/3 341, 323, 307, 504, 302 of the Indian Penal Code. Allegedly, the accused persons, having armed with deadly weapons, surrounded the husband and the uncle of the informant and assaulted them, as a result of which, they sustained injuries. Later on, the informant's husband died in course of treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. After investigation, the police submitted final form against the petitioner but the court below differed with the police report and took cognizance. The petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.35775 of 2021(2) dt.24-03-2022 3/3 Additional Chief Judicial Magistrate-II, Madhepura in connection with Srinagar P.S. Case No. 39 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T