Chanda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36329 of 2022 Arising Out of PS. Case No.-218 Year-2021 Thana- JOGBANI District- Araria ====================================================== CHANDA KHATOON WIFE OF MD. KAUSAR Resident of villageAmouna, Ward No. 3, P.S.- Jogbani, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in connection with Jogbani P.S. Case No. 218 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504, 506/34 of the Indian Penal Code later on Section 302 of the IPC was added. As per allegation, four named accused persons along with two unknown persons entered into the house of the informant and assaulted his family members. The accused persons assaulted the father of the informant with axe on his head who died during course of treatment.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.36329 of 2022(3) dt.04-01-2023 2/2 during investigation the witnesses have stated that Md. Taksim has assaulted on the head of the deceased. The petitioner is lady and there is no allegation against her of inflicting assault on the person of the deceased. She is a lady of clean antecedent.

Learned Addl.P.P. has fairly conceded that there is allegation against Md. Taksim, Md. Shahnawaj and Md. Shamim had assaulted the informant and his father.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of her arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Araria in connection with Jogbani P.S. Case No. 218 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T