Santara Khatoon @ Halima Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47706 of 2014 Arising Out of PS.Case No. -30 Year- 2014 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Santara Khatoon @ Halima Khatoon W/o Mohammad Ansari

2. Saida Khatoon W/o Lal Mohammad Both are resident of village- Harila, P.S.- Sikarhata, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-05-2015 Heard Mr. Kanhaiya Prasad Singh, learned Senior Counsel for the petitioners and Mr. Dayal, APP for the State. Petitioners apprehends his arrest in Sikarhata P.S. Case No. 30 of 2014 instituted under diverse provisions of the Penal Code including Section 307IPC.

Both parties appear to be neighbour. On trivial issue, it is alleged that the male accused persons abused the informant and other family members and thereafter forcibly entered into the house and assaulted the inmates. The informant also alleged that the female members also arrived and they all assaulted. Counsel for the petitioners submits that from bare reading of the F.I.R., it would appear that the male accuseds were the aggressors. So far the petitioners are concerned, general and omnibus allegations have been levelled that they too participated

Patna High Court Cr.Misc. No.47706 of 2014 (2) dt.25-05-2015 2/2 therein.

Considering the above, I am persuaded to privilege the petitioners with anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur in Sikarhata P.S. Case No. 30 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U