Rijwana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24158 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Rijwana Khatoon , aged about 59 years, female, wife of Mumtaj Nadaf 2.

Mumtaj Nadaf @ Mumtaj Nadaff, aged about 62 years, male 3.

Mustaque Nadaf @ Md. Mustaque @ Md. Mustaque Nadaff , aged about 60 years, male Both son of Late Taslim Nadaf.

All resident of village- Rudauli, Police Station- Bajpatti, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2020 Heard Mr. Sunil Prasad Singh, learned counsel for the petitioners and Mrs. Sharda Kumari, learned counsel appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Bajpatti P.S. Case No. 53 of 2019 registered for the offence under Section 147 / 341 / 323 / 324 / 447 / 379 / 307 / 326 K / 354 B / 506 of the I.P.C.

The allegation as per the First Information Report is that the petitioner no. - 1 threw acid on the informant as a result of which she sustained burn injuries and petitioner nos. - 2 & 3 assaulted grand daughter of the informant by means of sword.

Patna High Court CR. MISC. No.24158 of 2020(4) dt.25-11-2020 2/3 Learned counsel for the petitioners submits that both the parties are co-sharers and there was previous dispute between them. Learned counsel further submits the injuries caused to the grand- daughter of the informant are simple in nature and all the accused persons are in custody since 04.02.2020.

On the other hand, learned counsel for the State referring to the case diary submits that the injuries caused to the informant by means of acid are serious in nature, however, injuries caused to the grand- daughter of the informant are simple.

Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that injuries caused to the informant by means of acid are serious, I am not inclined to grant the privilege of regular bail to the petitioner no. - 1 namely, Rijwana Khatoon at this stage.

Accordingly, this application insofar as petitioner no. - 1 is concerned stands rejected.

However, the petitioner no. - 1 may renew her prayer for regular bail after three months from today. Since the injuries caused to the grand-daughter of the

Patna High Court CR. MISC. No.24158 of 2020(4) dt.25-11-2020 3/3 informant are simple in nature and both the parties are cosharers, I am inclined to grant the privilege of regular bail to the petitioner nos. - 2 & 3.

Accordingly, let the petitioner nos. - 2 & 3 namely, Mumtaj Nadaf @ Mumtaj Nadaff & Mustaque Nadaf @ Md. Mustaque @ Md. Mustaque Nadaff be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 53 of 2019.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T