Patna High CourtCR. MISC./660/2017bail granted

Fatma Begum v. The State Of Bihar

2017-01-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.660 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Fatma Begum, Wife of Jumrati Mian. Resident of Village- Govindpur, P.S.- Khaira, District- Saran at Chapra (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Kumar, Advocate For the Opposite Party : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody since 19.10.2016 in connection with Khaira P.S.Case No.158 of 2016 for offence alleged under Sections 147, 148, 149, 341, 323, 324, 325, 504, 506, 307 and 109 of the IPC The allegation against this petitioner is that this petitioner and other FIR named accused formed an unlawful assembly and brutally assaulted the informant with intention to commit his murder.

It has been submitted by the learned counsel for the petitioner that the petitioner is a lady, having no specific allegation and she is only an order giver. He further submits that there is case and counter case between the parties and prior to the present

Patna High Court Cr.Misc. No.660 of 2017 (2) dt.11-01-2017 2/2 case, a complaint case bearing no.3460 of 2015 was filed by the daughter of this petitioner against the present informant and two others for an offence under Sections 342 and 376/34 of the IPC. He further submits that the petitioner is a lady and she is aged about 70 years. He further submits that the petitioner has remained in custody for more than two months.

However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Considering the nature of allegation, her age and omnibus allegation of order giver, her prayer for bail is allowed. Let the above named petitioner be released 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 ACJM-Xth, Saran at Chapra in connection with Khaira P.S.Case No.158 of 2016.

(Sanjay Kumar, J) B.Kr./- U T