Jakima Khatoon And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8495 of 2015 Arising Out of PS.Case No. -236 Year- 2013 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jakima Khatoon W/o Kamruddin Mian
2. Sarifan Khatoon W/o Dukhan Mian Both Resident of Saraiya Bazar, P.S. Paharpur, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.
It is alleged that co-accused Dukhan Mian assaulted the daughter of the informant with farsa on her head and when brother of the informant Jaldar Mian went to rescue then he was also assaulted with iron rod on the head by Rustam Alam, subsequently, brother of the informant succumbed to the injuries. It is submitted by learned counsel for the petitioners that the accusation of assault is not against the petitioners when there is counter version of the occurrence also and petitioners' side also
Patna High Court Cr.Misc. No.8495 of 2015 (2) dt.27-02-2015 2/2 received injuries. The prosecution case does not explain the injuries caused to the petitioners' side. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran in connection with Paharpur P.S. Case No. 236 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T