Jarina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61931 of 2018 Arising Out of PS.Case No. -305 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jarina Khatoon wife of Alam Miyan, resident of Village- Khadda Churiharwa Tola, Police Station- Nautan, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 326 and 504 of the Indian Penal Code.
The prosecution case as per the fardbeyan of Mina Khatoon recorded by S.I. Jitendra Prasad Singh on 03.06.2018 at 10.00 P.M. at Burn Ward, M.J.K. Hospital, Bettiah is to the effect that on 02.06.2018 around 10.00 A.M. the informant was throwing compost, in the meantime, the children started fighting whereupon, the petitioner, Jarina Khatoon, who is sister-in-law of the informant started assaulting the minor child of the informant. On protest being made by the informant,
Patna High Court Cr.Misc. No.61931 of 2018 (2) dt.06-10-2018 2/3 the petitioner threw hot water on the informant. It is submitted by learned counsel for the petitioner that for a petty dispute, the accusation has been levelled. The injury has been found simple in nature. It is further submitted that for the occurrence of 02.06.2018 the fardbeyan was recorded on 03.06.2018 which came to be registered on 07.06.2018. There is a counter version of the occurrence being Nautan P.S. Case No. 385 of 2018 registered with accusation under Sections 341, 323, 324 and 354B/34 of the Indian Penal Code. The petitioner is a lady and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in the FIR.
Considering the genesis of the occurrence, nature of injury being caused and petitioner being a lady, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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-VI, Bettiah, West Champaran in connection with
Patna High Court Cr.Misc. No.61931 of 2018 (2) dt.06-10-2018 3/3 Nautan P.S. Case No. 305 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T