Maryam Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58137 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Maryam Khatoon, W/o- Md. Sharif @ Mohammad Sarif, resident of Village- Jotaili, Edgah Tola, P.S. Bihariganj, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nafisuzzoha, Advocate. For the Opposite Party : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 323, 341, 307, 354(A), 379, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that on 04.06.2018 at about 6.30 A.M. child of the informant and Md. Akbar were quarrelling to each other and when the informant went to separate both children then the petitioner Maryam Khatoon and five F.I.R. named accused holding Lathi, Three-nut, Gardasa, Bhala, Dabiya and brick-stone in their hands abused and assaulted the informant at his Darwaja causing several injuries on his body. Co-accused Md. Akbar assaulted him with Gardasa causing cut injury on his

Patna High Court Cr.Misc. No.58137 of 2018 (2) dt.08-10-2018 2/3 head. The informant in injured condition when informant's wife Fato Khatoon and informant's brother Md. Nejam came to save the informant then all six accused persons including the petitioner assaulted them very badly, which caused injuries to them. Coaccused Md. Shamo torn the wearing suit-salwar of the informant's wife and co-accused Md. Sharuk snatched silver locket from the neck of wife of the informant. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No overt act has been alleged against the petitioner. The petitioner is said to be member of unlawful assembly. No injury is said to have been caused by the petitioner in course of occurrence. The main allegation is against Md. Akbar.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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

Patna High Court Cr.Misc. No.58137 of 2018 (2) dt.08-10-2018 3/3 each to the satisfaction of the learned S.D.J.M. Udakishunganj at Madhepura, in connection with Bihariganj P.S. Case No. 127 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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