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Patna High CourtCR. MISC./7297/2017bail granted

Khushida Khatoon @ Khursida Khatoon And ORS v. The State Of Bihar

2017-02-14Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7297 of 2017 Arising Out of PS.Case No. -175 Year- 2014 Thana -BARUN District- AURANGABAD ======================================================

1. Khushida Khatoon @ Khursida Khatoon.

2. Nasima Khatoon.

3. Hamida Khatoon.

4. Nasruddin Shah.

.... .... Petitioners

Versus

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

For the Petitioners : Mrs. Leelawati Kumari, Advocate. For the Opposite Party : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Barun P.S. Case No. 175 of 2014 for the offences instituted under Sections 147, 149, 448, 341, 323, 324, 504, 307 and 379 of the IPC.

The prosecution story, in brief, is that Mahnaz Khatoon, wife of co-accused Md. Allauddin, kept oven after setting fire at the door of the informant, due to which, smoke was going inside the house of the informant. On protest, she abused and became ready to assault. On the same day, FIR named accused persons

Patna High Court Cr.Misc. No.7297 of 2017 (2) dt.14-02-2017 2/3 armed with Lathi and Danda entered into her hose and assaulted her. Co-accused Allauddin assaulted with Lathi causing injury on her head and blood oozing out. When her husband and Bhaisur came to save the informant, they assaulted both of them with Lathi, Danda and also pelted bricks due to which, they sustained injury on their heads. Co-accused Allauddin snatched golden ear rings and nose besar of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The police has submitted final form against the petitioners. The other coaccused persons have been granted anticipatory bail by another coordinate Bench of this Court vide Cr. Misc. No. 5982/2015. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Barun P.S. Case No. 175/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.7297 of 2017 (2) dt.14-02-2017 3/3 of the learned C.J.M., Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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