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Patna High CourtCR. MISC./40478/2024bail granted

Rayeesha Khatoon @ Rayesa Khatoon v. The State Of Bihar

2024-07-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40478 of 2024 Arising Out of PS. Case No.-84 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Rayeesha Khatoon @ Rayesa Khatoon Wife Of Md. Azim @ Md. Ajim Resident Of Village - Chainpur, Ward No.-01, P.S. - Srinagar, District - Madhepura 2.

Halima Khatoon Wife Of Late Aiyub @ Aijub Resident Of Village - Chainpur, Ward No.-01, P.S. - Srinagar, District - Madhepura 3.

Gulshan Khatoon @ Gulsan Khatoon Wife Of Md. Subhan Resident Of Village - Chainpur, Ward No.-01, P.S. - Srinagar, District - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Srinngar P.S. Case No.84 of 2022 under Sections 341, 323, 325, 307, 354B, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against 12 named accused persons including the petitioners against whom there is allegation that all accused persons have gathered at the house of the informant and started scuffling by the informant and accused Md. Azim has attacked by Dabiya on

Patna High Court CR. MISC. No.40478 of 2024(2) dt.10-07-2024 2/3 the head due to which injury caused and bleeding started and thereafter allegation of snatching of silver chain and mobile is there in the F.I.R.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that for the same date and place of occurrence, there are case and counter-case by the informant and petitioners' side i.e., Srinngar P.S. Case No.84 of 2022 and Srinngar P.S. Case No.85 of 2022.

5. Counsel also submits that the petitioners' name has figured in this case due to the reason that they are wife of the alleged accused men. Upon bare reading of the F.I.R., it transpires that there is no allegation of act and overt act upon the petitioners.

6. Counsel further submits that all petitioners are lady aged about 38 years, 70 years and 32 years. He also submits that petitioner No.1 has one criminal antecedent in which she is on bail whereas petitioner No.2 and 3 have clean antecedent.

7. Learned APP for the State opposes the prayer for bail.

8. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event

Patna High Court CR. MISC. No.40478 of 2024(2) dt.10-07-2024 3/3 of arrest or surrender before the learned Court below within a period of 4 (four) weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura in connection with Srinngar P.S. Case No.84 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U