Patna High CourtCR. MISC./11754/2018bail granted

Sahirun Khatoon @ Sairun Nisha v. The State Of Bihar

2018-02-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11754 of 2018 Arising Out of PS.Case No. -114 Year- 2016 Thana -JOGBANI District- ARRARIA ====================================================== Sahirun Khatoon @ Sairun Nisha wife of Md.Sagir, resident of villageBathnaha, Ward No.-12, P.S.- Sri Jogbani (Bathnaha), District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Jogbani (Bathnaha) P. S. Case No. 114 of 2016 registered under Sections 323, 324, 341, 307, 379, 504 and 506/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is no specific allegation of assault against the petitioner and the co-accused Md. Zahangir against whom there was allegation of assault has already been granted prearrest bail vide order dated 16.01.2018 passed by a Bench of this Court in Cr. Misc. No. 2007 of 2018.

Learned Additional Public Prosecutor for the State

Patna High Court Cr.Misc. No.11754 of 2018 (2) dt.27-02-2018 2/2 opposed the prayer for grant of pre-arrest bail to the petitioner. However, he conceded that the case of the petitioner stands on better footing to that of Md. Zahangir, who has already been granted pre-arrest bail by this Court.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st, Araria in Jogbani (Bathnaha) P. S. Case No. 114 of 2016 (G.R. No.2577 of 2016), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T