Ruksana Khatoon @ Roksana Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29499 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -MASHARAK District- SARAN ======================================================

1. Ruksana Khatoon @ Roksana Khatoon, W/o Muzaffar Ali,

2. Naseema Bibi, W/o Ish Mohammad, All Resident of Village- Chand Kudariaya, P.S.- Masharak, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mrs. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2017 Heard both sides.

The petitioners apprehend their arrest in Masharak P.S. case No. 120 of 2017 under Section 363, 366A, 307 and other Sections of the Indian Penal Code.

The informant alleged that Arzoo Mian kidnapped his minor niece and when the informant went to enquire from Aftab Mian, Aftab Mian and Mazid Mian assaulted him. The informant further alleged that Ish Mohammad, Ruksana Khatoon, petitioner No.1, wife of Ish Mohammad, petitioner No.2, assaulted him with Lathi. The informant further alleged that Ish Mohammad assaulted him with sword on his head and other parts of his body causing injury on the head and shoulder.

The learned counsel for the petitioners submits that two persons are injured but the petitioners, who are ladies, are

Patna High Court Cr.Misc. No.29499 of 2017 (4) dt.22-08-2017 2/2 alleged to have assaulted with Lathi.

The learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail.

It appears that Ish Mohammad is alleged to have assaulted Nawab Miah, the informant, with sword and the injuries said to have been caused by sharp edged weapon are opined to be grievous in nature.

Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that petitioners are ladies, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to 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 Additional Chief Judicial Magistrate-VII, Saran at Chapra in connection with Masharak P.S. case No. 120 of 2017 (G.R. No. 3258 of 2017), subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T