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Patna High CourtCR. MISC./24247/2024bail granted

Fooltara Khatoon @ Fultara Khatoon v. The State Of Bihar

2024-03-27Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24247 of 2024 Arising Out of PS. Case No.-272 Year-2020 Thana- MASHRAK District- Saran ====================================================== FOOLTARA KHATOON @ FULTARA KHATOON W/O ASLAM HUSSAIN @ ASLAM MIYAN RESIDENT OF VILLAGE - MASHRAK, POLICE STATION - MASHRAK, DISTT.- SARAN, BIHAR, PIN- 841417. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Md. Anis Akhtar, Advocate For the State :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 379, 504, 506 and 447 of the Indian Penal Code.

3. The prosecution case in brief is that while the informant was sitting at his door, all the accused persons, including this petitioner, came variously armed and abused the informant. It is further alleged that on protest, all the accused persons, including this petitioner, assaulted the informant and

Patna High Court CR. MISC. No.24247 of 2024(2) dt.27-03-2024 2/3 his family members, as a result of which they sustained multiple injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioner that both parties are Gotias and there is long standing dispute between the parties, for which Title Suit No. 624 of 2018 is going on, due to which this false and concocted case has been lodged. It is next submitted that allegation of assault is general and omnibus and there is case and counter-case. It is further submitted that injuries found on the person of the injured are not dangerous to life. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 7th, Chapra, in connection with Mashrak P.S. Case No.272 of 2020, subject to condition as laid

Patna High Court CR. MISC. No.24247 of 2024(2) dt.27-03-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T