Sitara Begum @ Sitara Bano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34191 of 2022 Arising Out of PS. Case No.-713 Year-2019 Thana- MADHAURAH District- Saran ====================================================== 1.

SITARA BEGUM @ SITARA BANO wife of Firoj Miyan Resident of Village - Khorampur, Police Station- Marhowrah (Gaura O.P.), District - Saran (Chapra).

2.

Rehana Begum wife of Sadam Khan Resident of Village - Khorampur, Police Station- Marhowrah (Gaura O.P.), District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in connection with Marhowrah (Gaura O.P.) P.S. Case No.713 of 2019, registered for the offence punishable u/s 341, 323, 308. 427, 353, 504, 506/34 IPC and 30(a) of Bihar Prohibition and Excise Act. Allegedly, while the police party was on raid for recovery of illicit liquor, the petitioner and others attacked them with lathi, danda, farsa, sword and bricks and damaged the police vehicle, causing hindrance in discharge of official duty.

Patna High Court CR. MISC. No.34191 of 2022(2) dt.22-09-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. No incriminating article has been recovered from the conscious physical possession of the petitioners. Petitioners have no concern with the alleged recovery of liquor or have any trade of liquor. There is no injury report annexed with the case diary. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail and submits that the petitioners are agnate of co-accused Kausar @ Bandhua Mian, from whose house recovery has been made and these petitioners are involved in the alleged offence. Considering the nature of allegation made in the F.I.R., I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T