Sabina Khatoon @ Shameema Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14148 of 2016 Arising Out of PS.Case No. -84 Year- 2013 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sabina Khatoon @ Shameema Khatoon, wife of Sheikh Jahangir

2. Sabila Khatoon, wife of Ahmed Sheikh

3. Sheikh Shabbir @ Shabbir Ahamad, son of Sk. Ahamad

4. Salam Khatoon @ Salma Khatoon, wife of Sheikh Almgir .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341, 323, 379, 34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the accused persons assaulted the informant and abused by calling caste name when daughter of the informant came to rescue she was also abused and assaulted. It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled and at earlier point of time, the husband of the

Patna High Court Cr.Misc. No.14148 of 2016 (2) dt.31-03-2016 2/2 informant also filed a case against the petitioners wherein the petitioners have been granted bail by this Court. It is submitted by Mr. Ambika Bhagat, learned Special P.P. that on conclusion of investigation, petitioners have been charge-sheeted.

Considering the fact that the petitioners have been charge-sheeted, this Court is not inclined to grant anticipatory bail to them. But considering the nature of accusation, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Sathi P.S. Case No.84/2013, pending before the learned CJM, Bettiah, West Champaran.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T