Hazara Khatoon @ Hazare Khatoon @ Sajahan Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30021 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Hazara Khatoon wife of Naimuddin

2. Juli Praveen Daughter of Naimuddin Both resident of Village- Bangra Chaupan, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Jha For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both sides.

The petitioners apprehend their arrest in Kanti P.S. Case No. 122 of 2016, registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code. Later on Section 302 was added.

The informant Rajendra Kishore Singh named the accused persons and alleged that they all dragged his daughter-inlaw to their door and brutally assaulted when the informant, his wife and son went to save. The accused persons along with the petitioners assaulted the informant with an intention to kill him. His son was assaulted by the accused persons with lathi and iron rod on his head. The son of the informant died during course of treatment.

Patna High Court Cr.Misc. No.30021 of 2016 (2) dt.08-09-2016 2/2 Learned counsel for the petitioners submits that omnibus and general allegation of assault is made against the petitioners. There is counter version being Kanti P.S. Case No. 121/2016. Other co-accused, namely Md. Naimuddin & another have been granted regular bail vide order passed in Cr. Misc. No. 28112 of 2016. The case of the petitioner stands on the similar footing.

Considering the facts aforesaid and the fact that there is allegation against the petitioners that they also assaulted the informant and his family members, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

The petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and their prayer shall be considered taking in to consideration that similarly situated co-accused, namely Md. Naimuddin & Anr. have already been granted regular bail vide order passed in Cr. Misc. No. 28112/2016. The court below shall dispose of the bail petition of the petitioners preferably on the same day.

(Prabhat Kumar Jha, J.) Rakhi U T