Ishrat Jahan @ Ishrat Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5780 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -MANIGACHI District- DARBHANGA ======================================================
1. Ishrat Jahan @ Ishrat Khatoon, W/o Hasnain Khan @ Nain Khan,
2. Shabana Khanam @ Sabana Khatoon @ Shabana Khatoon W/o Nesar Ahmad Khan,
3. Farhat Jahan, W/o Shahnawaz Khan @ Shahbaz Khan,
4. Farzana Khanam W/o Moin Khan,
5. Raunak Khanam @ Raushan Khatoon W/o Ale Khan, All are residents of Village-Paithan Kahai, P.S.-Manigachhi, DistrictDarbhanga. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Manigachhi P.S. Case No. 219 of 2017 registered under Sections 114, 147, 148, 149, 341, 323, 324, 307, 353, 379, 153A, 427, 504, 506, 120B of the Indian Penal Code and Sections 3 and 4 of Damage to Public Property Act.
It is submitted by the learned counsel for the petitioners that there is no allegation against the petitioners that in order to cause disorder or incite people to violence, the
Patna High Court Cr.Misc. No.5780 of 2018 (2) dt.09-02-2018 petitioners promoted enmity between different groups on the ground of religion, race, place of birth, residence, language, etc. He submitted that there is a general and omnibus allegation in the first information report against 50 named accused and more than 200 unknown persons. He submitted that all the five petitioners are ladies having no criminal antecedent and having roots in the society, they are not likely to abscond or tamper with the evidence.
Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are 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 the learned A.C.J.M.-VI, Darbhanga in connection with Manigachhi P.S. Case No. 219 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T