Nazma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52630 of 2024 Arising Out of PS. Case No.-447 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1.
NAZMA KHATOON WIFE OF ZAFFARUDDIN RESIDENT OF VILLAGE - GADHWA KHAJURIA, P.S. - KOTWA, DISTRICT - EAST CHAMPARAN 2.
HUSNA KHATOON WIFE OF WASIR AHMAD RESIDENT OF VILLAGE - GADHWA KHAJURIA, P.S. - KOTWA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md Ansiur Rahman For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners have antecedent of one case, but the case was instituted from the side of the informant which was found false. It is next submitted that the informant alleges that on account of dispute relating to land, Zafruddin assaulted him by gandasa causing injury on head, thereafter Saimuddin assaulted his wife by dabia causing injury on head, while petitioner no. 1 assaulted
Patna High Court CR. MISC. No.52630 of 2024(2) dt.23-07-2024 2/3 informant by lathi and petitioner no. 2 assaulted his wife on chest.
4. Learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assaulting the informant is against Zafruddin and Saimuddin is alleged to have assaulted the wife of the informant since petitioners being lady are related to Zafruddin, as such, they have been implicated with an allegation that they also assaulted with lathi and fist.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioners, but then are not in a position to rebut the submissions of the learned counsel for the petitioners that petitioners are ladies and on account of assault inflicted by them no grievous injury has been caused.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.52630 of 2024(2) dt.23-07-2024 3/3 the case is pending/successor court in connection with Kotwa P.S. Case No. 447 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T