Bibi Jahouna Khatun @ Bibi Jahan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63241 of 2017 Arising Out of PS. Case No.-293 Year-2017 Thana- AMARPUR District- Banka ====================================================== Bibi Jahouna Khatun @ Bibi Jahan Khatoon, Wife of Md. Harun, Resident of Village- Hirda Pokhar (Sultanpur) P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar For the State :

Mr. RAMCHANDRA SAHANI ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Amarpur P.S. Case No. 293 of 2017 registered for the offence punishable under Sections 302/34 Indian Penal Code.

The allegation is with regard to the accused persons assaulting the father of the informant by means of lathi resulting in his death after 12 days of occurrence and the said incident is said to have occurred on account of the she goat of the accused persons grazing the mango plant of the informant. The learned counsel for the petitioner submits that there is general and omnibus allegation against the accused persons and as far as the petitioner herein is concerned, she is a lady and the other co-accused persons who are the husband and son of the petitioner herein have already been granted regular bail by this

Patna High Court Cr.Misc. No.63241 of 2017(3) dt.06-02-2018 2/2 Court.

The learned counsel for the informant has vehemently opposed the prayer for bail and has stated that at best it is a case for regular bail and not for anticipatory bail. It is further submitted that the assault by the accused persons has resulted in death of one person, hence it is a very serious matter. Having regard to the facts and circumstances of the case and considering the argument of the learned counsel for the informant, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, but the same is subject to her on furnishing bail bond of Rs. 1,000,00/- (rupees one lakh) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 293 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T