Razina Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2577 of 2017 Arising Out of PS.Case No. -75 Year- 2015 Thana -SHRINAGARHAT District- MADHEPURA ======================================================

1. Razina Khatoon, W/o Md. Sahabuddin.

2. Md. Shafi Ahmad @ Shafi Ahmad, S/o Md. Sahabuddin. Both are resident of Village- Puraini, Ward No.10, P.S. Srinagar, District - Madhepura.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Nafisuzzoha, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 07-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Srinagar P.S. Case No.75 of 2015 registered under Sections 143, 341, 323, 379 and 504 of the Indian Penal Code. The accusation is that nine persons, named in the F.I.R., including the petitioners surrounded the husband of the informant and started to abuse and assault him through fists and slaps. At that time, Hasmun Nisha gave a sickle blow at the head of the husband of the informant causing blood oozing injury. In that course, Md. Sarfuddin took cash Rs.18000/- from the pocket of the

Patna High Court Cr.Misc. No.2577 of 2017 (2) dt.07-03-2017 2/2 husband of the informant.

Learned counsel appearing on behalf of the petitioners submits that while both the petitioners are named in the F.I.R. but no specific overt act has been attributed against them rather there is specific allegation against Hasmun Nisha to cause blood oozing injury on the head of the husband of the informant through sickle. In fact, at the time of occurrence, there was hot exchange of words between the parties in which the petitioners' side also sustained injury regarding which on the basis of the written report of the petitioner no.1 Razina Khatoon, Srinagar P.S. Case No.74 of 2015 was instituted against the husband of the informant and others.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Madhepura, in connection with Srinagar P.S. Case No.75 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.