Nargis Khatoon @ Nargish Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23349 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -BALRAMPUR District- KATIHAR ======================================================
1. Nargis Khatoon @ Nargish Khatoon wife of Alamgir Alam
2. Umani Khatoon wife of Md. Gafur
3. Sogra Khatoon wife of late Md. Raja
4. Md. Kuddus@Md. Kudus son of Late Md. Raja.
5. Alamgir@Alamgir Alam son of Md. Taslim All resident of VillageBawanpatra, Police Station-Balrampur, District Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 452,341,323,307,379,316,504 and 506/34 of the Indian Penal Code.
The prosecution case is that the accused persons entered into the house of the informant and assaulted the informant and other family members. Due to assault the pregnancy of the informant's daughter got terminated.
It is submitted by the learned counsel for the petitioners that petitioner nos. 3 and 4 are mother and brother of the informant
Patna High Court Cr.Misc. No.23349 of 2015 (2) dt.25-06-2015 2/2 whereas other petitioners are relatives of the informant and for the petty dispute the accusation has been levelled. Initial injury report of Arshadi Khatoon is on record which suggests tenderness and swelling on left hand whereas injury report of the informant suggests body pain, headache and abrasion whereas injury of the husband of the informant reflects only pain.
Considering the nature of accusation and the major accusation not being corroborated by the medical opinion, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Balrampur P.S. Case No. 40 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T