Sahira Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23552 of 2022 Arising Out of PS. Case No.-237 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== SAHIRA KHATOON Wife of Shiekh Hajma @ Amjad Resident of Village - Chadhwa, Police Station - Ramgarhwa, District - East champaran at Motihari. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under section 147, 148, 341, 323, 324, 325, 307, 379, 504 of the Indian Penal Code. Allegedly, the petitioner along with other accused persons assaulted the informant by means of several deadly weapons due to which he sustained injuries. It is further alleged that the petitioner Sahira Khatoon assaulted one Sahrul Nesha with
Patna High Court CR. MISC. No.23552 of 2022(2) dt.25-08-2022 2/3 bricks over her abdomen.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. No injury has been found on the abdomen of one Sahrul Nesha. Similarly situated coaccused has been granted bail by a co-ordinate bench of this court vide order dated 01.04.2022 in Cr. Misc. No. 47679 of 2021. Petitioner has no criminal antecedent of similar nature, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case,similarly situated co-accused has been granted bail, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court
Patna High Court CR. MISC. No.23552 of 2022(2) dt.25-08-2022 3/3 below where the case is pending/Successor Court in Ramgarhwa P.S. Case No.237 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T