Sakina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27651 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- PIPRA District- East Champaran ====================================================== 1.

SAKINA KHATOON Wife of Nazir Khan @ Mohammad Nazir Khan R/VKanth Chhapra, PS- Pipra, dist- East Champaran 2.

Sakila Khatoon Wife of Geyasuddin @ Geyasudin Khan R/V- Kanth Chhapra, PS- Pipra, dist- East Champaran 3.

Maida Khatoon @ Hajra Khatoon Wife of Manzur Khan R/V- Kanth Chhapra, PS- Pipra, dist- East Champaran 4.

Raushani Khatoon @ Ruksana Khatoon Wife of Shakur Mian R/V- Kanth Chhapra, PS- Pipra, dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2023 Heard Mr. Pramod Mishra, learned counsel for the petitioners and Ms. Asha Kumari, learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Pipra PS Case No. 183/2022 dated 09.06.2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 307, 379, 504, 506 of the IPC and 27 of the Arms Act.

3. As per prosecution case, nineteen named accused persons including the petitioners armed with Lathi, Danda, rods etc., arrived at the place of occurrence and assaulted the informant and his family members.

Patna High Court CR. MISC. No.27651 of 2023(2) dt.19-07-2023 2/3

4. Learned counsel for the petitioners submits that all the family members of the petitioners have been implicated in this case due to land dispute between the parties which would be evident from the FIR itself. He further submits that there is a counter case bearing Pipra PS Case No. 182/2022 dated 09.06.2022 lodged by the side of petitioners in which the informant and others have been made accused. All the petitioners are female members and some of the male accused persons have been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 5403/2023 vide order dated 02.02.2023 (Annexure-3).

5. Learned counsel for the State submits that the allegation against the petitioners is that they pelted stones upon the informant and his family members wherein altogether eight persons sustained injury and one of them sustained grievous injury.

6. Regards being had to the submissions made by the parties, taking into consideration the fact that there is a counter case due to land dispute between the parties, other co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court and the petitioners are ladies, I am inclined to grant anticipatory bail to the petitioners.

Patna High Court CR. MISC. No.27651 of 2023(2) dt.19-07-2023 3/3

7. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri B.K. Choudhary, learned Judicial Magistrate-1st Class, East Champaran, Motihari/successor court in connection with Pipra PS Case No. 183/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T