Noorjahan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31434 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- GAUNAHA District- West Champaran ====================================================== 1.

NOORJAHAN KHATOON Wife of Abdullah Dewan Resident of Village - Amolwa, Police Station - Gaunaha, District - West Champaran. 2.

Seema Khatoon Wife of Sarfullah Dewan Resident of Village - Amolwa, Police Station - Gaunaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Gaunaha P.S. Case no. 66 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 307, 333, 337, 353, 504, 506, 427, 225(A) of the Indian Penal Code. As per allegation in the FIR, while the police had arrested, Sarfullah Dewan, who is accused in Gaunaha P.S.

Patna High Court CR. MISC. No.31434 of 2021(2) dt.18-02-2022 2/3 Case No. 92 of 2019, petitioners along with other co-accused persons tried to get free him from the clutches of the police. They have created hindrance by assaulting to the police party and damaged the police jeep.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have got no criminal antecedent. Petitioner no. 1 is wife of main accused, namely, Abdullah Dewan who had caught neck of the police and petitioner no. 2 is wife of Sarfullah Dewan, who was arrested by the police in another case. Both the petitioners are ladies and thee is no direct allegation against them rather there is general and omnibus allegation has been levelled against the petitioners. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Gaunaha P.S. Case no. 66 of 2020, they will be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.31434 of 2021(2) dt.18-02-2022 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, Distt.-West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U