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Patna High CourtCR. MISC./40411/2021bail granted

Saleha Khatoon v. The State Of Bihar

2022-03-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40411 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Saleha Khatoon D/O Qutubuddin @ Mulai 2.

Latiful Khatoon @ Latifan Khatoon W/o Qutubuddin @ Mulai 3.

Samira Khatoon D/o Qutubuddin @ Mulai All R/o village- Sheohar Ward No. 10, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners as well as learned APP for the state.

The petitioner apprehends his arrest in connection with Sheohar P.S. Case No.142 of 2021 registered for the offence under Sections 307, 323, 324, 337, 341, 342, 498(A) and 504/34 of the Indian Penal Code.

Prosecution case in brief is that, informant Nurun Nisha was married with one Mir Mansoori on 01.12.2013 at Birganj (Nepal) with Muslim rites. After some days of marriage her husband left her in Maika. It is further alleged when informant gone her Sasural, her in-laws abused her and pressurized to leave the Sasural house. Her brother tried to pacify the matter several times but they have denied. Her

Patna High Court CR. MISC. No.40411 of 2021(2) dt.21-03-2022 2/3 Gotani, namely, Samira Khatoon's brother was also married in Sheohar. Her gotani and her brother had came to Sheohar in marriage of brother of her Gotani Samira Khatoon then informant reached at the door of her Gotani at 08.30 o'clock on 10.04.2021 for the purpose of meet in the meantime father of her Gotani namely Qutubuddin @ Mulai has caught her hair and dropped on the earth and his four sons namely Noor Alam, Fajle Alam, Najre Alam, Kismat Alam and his daughter Saleha Khatoon, wife Latiful Khatoon have assaulted with lathi, danda and rod from which head of the informant was broken. It is further alleged that later on her sister Angoori Khatoon came then her bhaisur Rajiv Mansoori and gotani Samira Khatoon have assaulted with knife on her head from which her sister was badly injured. Informant and her sister was not in a condition to come at hospital themselves local people gathered there and taken to them hospital.

Learned counsel appearing on behalf of the petitioners submit that petitioners are innocent and have falsely been implicated in this case. He further submits that this case is counter blast, in fact father of the petitioner no.1 has lodged Sheohar P.S. Case No.143 of 2020. He further submits that injuries sustained by the informant and her sister are simple in

Patna High Court CR. MISC. No.40411 of 2021(2) dt.21-03-2022 3/3 nature. Petitioners are Pardanasin ladies and have clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No.142 of 2021, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Prakash Narayan /- U T