Ashma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32374 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
Ashma Khatoon Wife Of Arman Nai Resident Of Village- Babura, P.S. Bhabua District- Kaimur At Bhabua 2.
Arman Nai Son Of Ishaque Nai Resident Of Village- Babura, P.S. Bhabua District- Kaimur At Bhabua ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 354 of the Indian Penal Code.
3. Petitioners are said to have abused the complainant and her daughter and also tried to outrage her modesty.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that occurrence took place on 29.12.2022 but the complaint has been filed on 21.01.2023 after delay of more than 20 days without
Patna High Court CR. MISC. No.32374 of 2023(2) dt.21-07-2023 2/2 explaining any reasonable cause of delay. He submits that there is no independent witness to support her case. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that there is delay in filing the complaint case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 60 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T