Bibi Jalesa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29767 of 2020 Arising Out of PS. Case No.-14 Year-2019 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

BIBI JALESA Wife of Md. Ibrahim Resident of Village- Chithi, Police Station- Bhaptiyahi, District- Supaul 2.

Bibi Makina Wife of Md. Saddam Resident of Village- Chithi, Police Station- Bhaptiyahi, District- Supaul.

3.

Bibi Masidan Wife of Late Salamat Resident of Village- Chithi, Police Station- Bhaptiyahi, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 448, 313 of the Indian

Patna High Court CR. MISC. No.29767 of 2020(2) dt.17-12-2020 2/3 Penal Code.

The prosecution case, in short, is that the accused persons, variously armed, assaulted the informant due to which she got aborted her six month old foetus.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is no medical examination report of the victim in respect of offence under section 313 I.P.C. There is a case and counter case between the parties and the petitioners are ladies.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.29767 of 2020(2) dt.17-12-2020 3/3 Magistrate, Supaul in connection with Bhaptiyahi P.S. Case No. 14/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T