Nuraisa Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49454 of 2024 Arising Out of PS. Case No.-272 Year-2020 Thana- MASHRAK District- Saran ====================================================== Nuraisa Begum Wife of Rajumiya Resident of Village - Mashrakh Takhat, P.S.- Mashrakh, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Tiwary, Advocate For the State :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 379, 504, 506 and 447 of the Indian Penal Code.

3. The prosecution case in brief is that while the informant was sitting at his door, all the accused persons named in the F.I.R., including this petitioner, came variously armed and abused the informant. It is further alleged that on protest, all the accused persons, including this petitioner, assaulted the informant and his family members, as a result of which they sustained multiple injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioner that both parties are Gotias and there is

Patna High Court CR. MISC. No.49454 of 2024(2) dt.20-09-2024 2/3 long standing dispute between the parties, for which Title Suit No. 624 of 2018 is going on, due to which this false and concocted case has been lodged. It is next submitted that allegation of assault is general and omnibus and there is no specific accusation of overt act against this petitioner. There is case and counter-case between the parties. Similarly situated coaccused, namely Fooltara Khatoon, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 27.03.2024 passed in Cr. Misc. No. 24247 of 2024. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XII, Saran at Chapra, in connection with

Patna High Court CR. MISC. No.49454 of 2024(2) dt.20-09-2024 3/3 Mashrak P.S. Case No.272 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T