Sajda Khatoon @ Sajara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25325 of 2023 Arising Out of PS. Case No.-409 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Sajda Khatoon @ Sajara Khatoon, Female, aged about 43 years, Husband of Md. Emamuddin Resident of 143, Semarhiya, Village - Semarhiya CircleGhodadano, District - East Champaran. 2.

Md. Salahuddin, Male aged about 34 years, Son of Md. Sanaullah Resident of 143, Semarhiya, Village - Semarhiya Circle-Ghodadano, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Archana Sinha @ Archana Shahi, Advocate For the State :

Mr. Nitya Nand Tiwary, APP For the informant :

Mr. Abu Bakar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in connection with Ghordano P.S. Case No. 409 of 2022 registered for the offence punishable under Sections 341, 323, 307, 354(B), 379, 342, 504/34 of the Indian Penal Code (for brevity 'IPC').

On account of previous land dispute, all the accused persons named in the First Information Report (for brevity 'F.I.R.'), including the instant petitioner, abused and assaulted the informant. It is further alleged that they also snatched her

Patna High Court CR. MISC. No.25325 of 2023(2) dt.07-07-2023 2/3 purse, containing cash of Rs. 1,85,000/-, I-Phone 14 Pro Max mobile and ornaments.

Learned counsel for the petitioners submits that there is general and omnibus allegation against these petitioners. Petitioners are stated to have no criminal antecedents. Coaccused persons, namely, Rashida Begam & Anr, Mumtaz @ Mumtaj Ahamad & Anr., Rukashana Khatoon & Anr. have been allowed anticipatory bail in Cr. Misc. No. 24114/23, Cr. Misc. No. 20154/23, Cr. Misc. No. 22988/23 respectively, by a coordinate Bench of this Court. Learned APP for the State has opposed the prayer for anticipatory bail.

Having regard to the submissions advanced by the petitioners' counsel, implication based on land dispute, claim based on parity and the and clean antecedents of the petitioners, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.25325 of 2023(2) dt.07-07-2023 3/3 learned Sri R.K. Gupta, Judicial Magistrate, 1st Class, East Champaran at Motihari, in connection with Ghordano P.S. Case No. 409 of 2022 (GR No. 1233 of 2022), subject to the following conditions:

(i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) Raj kishore/- U T