Bachna Khatoon @ Saira Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36149 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- THAWE District- Gopalganj ====================================================== Bachna Khatoon @ Saira Khatun W/O Sk. Mohammad @ M Ali Resident Of Village Jagmalwa Police Station Thawe, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present matter has been taken up out of turn on the mentioning slip filed on behalf of the petitioner stating therein that the petitioner is an old lady and is suffering from various ailment. Let the mentioning slip filed on behalf of the petitioner be kept on record.

The petitioner is apprehending her arrest in a case registered under Sections 147, 148, 149, 323, 324, 324, 307, 379 of the Indian Penal Code in which section 302 IPC was added later on.

Patna High Court CR. MISC. No.36149 of 2021(2) dt.03-09-2021 2/3 The prosecution allegation, in short, is that the accused persons, on being objected by the informant, assaulted the informant and family members due to which they sustained injury and later the father of the informant succumbed to the injury in course of treatment It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is an old lady aged about 71 years. The petitioner is not keeping well. Her medical prescriptions are enclosed along with mentioning slip filed on behalf of the petitioner. No specific overt act is alleged against the petitioner. No injury is alleged to have caused by the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 107 of

Patna High Court CR. MISC. No.36149 of 2021(2) dt.03-09-2021 3/3 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T