Noor Nesha Khatoon @ Noor Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31747 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== 1.

NOOR NESHA KHATOON @ NOOR NESHA W/o Qyamuddin Ansari @ Qyamuddin R/o Village- Semara Purab Tola, P.S.- Gopalganj, DistrictGopalganj 2.

Reshma Khatoon @ Reshama @ Resma Khatoon D/o Qyamuddin Ansari @ Qyamuddin R/o village- Semara Purab Tola, P.S.- Gopalganj, DistrictGopalganj ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Lokesh Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 342, 323, 324, 325, 307, 302/34 of the Indian Penal Code registered in connection with Gopalganj Town P.S. Case No. 64 of 2019.

3. It is submitted that the petitioners have been falsely implicated on the accusation of having assaulted the wife of the informant's bhaisur and Irshad Ali with iron rod respectively and there is no injury report of the said persons to corroborate such accusation. The assault on the deceased daughter of the informant with khanti causing her death is attributed to coaccused Irshad Ansari and not to the petitioners. The injuries have been sustained by both sides who are agnates. The petitioners are ladies claiming clean antecedents.

4. Learned APP assisted by learned counsel for the

Patna High Court CR. MISC. No.31747 of 2019(3) dt.08-08-2019 2/2 informant appears and has been heard. Learned APP has not pointed any objection material in the case diary against the petitioners.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 64 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T