Ayesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32797 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- BAHADURGANJ District- Kishanganj ====================================================== Ayesha wife of Nazamuddin Resident of Village - Dohmoni (Bangama), Police Station - Bahadurganj, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504/34 and 302 of the Indian Penal Code.

It is alleged in the F.I.R that in the background

Patna High Court CR. MISC. No.32797 of 2020(4) dt.27-10-2021 2/3 of some land dispute, all the F.I.R named accused persons including the petitioner came at the door of the informant and started assaulting his father. It is specifically alleged against Akbar Alam that he assaulted with lathi on the father of the informant, as a result of which his hand got fractured whereas co-accused Afsar Alam is alleged to have assaulted with Axe on the head of the father of the informant. The father of the informant subsequently succumbed to the injuries. It is submitted by learned counsel for the petitioner that petitioner is lady and the allegation against the petitioner is omnibus and general. The specific accusation of making assault to the father of the informant is against Afsar Alam and Akbar Alam. Considering the fact that petitioner is a lady and there is no specific accusation of making assault against this petitioner, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be

Patna High Court CR. MISC. No.32797 of 2020(4) dt.27-10-2021 3/3 released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 125 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T