Bibi Fulgun v. The State Of Bihar

Patna High Court Cr.Misc. No.53518 of 2016 (3) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53518 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -MANIHARI District- KATIHAR ====================================================== Bibi Fulgun, W/o SK. Futi, R/o Azampur Gola, Ward No. , P.S. Manihari, Distt.- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Manihari P.S. Case No. 84 of 2016 registered under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code. The accusation is that, on 29.04.2016, when son of the informant, was fencing the land near the Tubewell then 18 persons named in the F.I.R. including the petitioner came there and asked to stop the fencing and also started to abuse his son. At that time, Sanjoor caused injury at the head Sekh Najruddin, son of the informant, whereas this petitioner also caused injury at the head of the informant through lathi.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.53518 of 2016 (3) dt.14-02-2017 petitioner being lady has falsely been implicated in this case with ulterior motive. Moreover, the allegation has been made to cause injury by this petitioner to the informant but there is no description of the injury of the informant in the case diary. It is further submitted that petitioner is lady and she has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Manihari P.S. Case No. 84 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T