Patna High CourtCR. MISC./51991/2018bail granted

Sajni Khatoon v. The State Of Bihar

2018-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51991 of 2018 Arising Out of PS.Case No. -230 Year- 2015 Thana -RUPAULI District- PURNIA ======================================================

1. Sajni Khatoon W/o Md. Shamsher , R/o vill.- Ajhokopa P.S.- Rupauli, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections302/34 of the Indian Penal Code. The prosecution case, in brief, is that the husband of the informant was assaulted by accused persons, as a result of which, in course of treatment, informant's husband succumbed to the injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Due to property dispute, the present case has been instituted against the petitioner and other co-accused. As per allegation, the petitioner

Patna High Court Cr.Misc. No.51991 of 2018 (2) dt.27-09-2018 and other co-accused namely Illiyas and Shamim are said to have caught hold of the deceased at the time of occurrence. The coaccused Shamsher is said to have assaulted the deceased which led to his death. The petitioner is a lady. The petitioner has been falsely implicated in this case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances coupled with the fact that the petitioner is a lady, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 Sri P. K. Bharti, Judicial Magistrate-Ist Class, Purnea in connection with Rupauli P.S. Case No. 230 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T