Nurnesh Khatun @ Nuranasa Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45914 of 2024 Arising Out of PS. Case No.-570 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.
Nurnesh Khatun @ Nuranasa Khatun Wife of Mohram Miya @ Moharam Miyan R/O Vill.- Singhiya Sagar, P.S.- Banjariya, Dist.- East Champaran 2.
Nisha Khatun @ Nisa Khatun W/o Rustam Miya @ Rustam Miyan R/o Village- Singhiya Sagar, P.S.-Banjariya, District-East Champaran ... ... Petitioner/s
Versus
The State Of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Adv.
For the Opposite Party/s :
Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Motihari Town P. S. Case No.570 of 2021 under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against five named accused persons and 3-4 unknown accused persons including the petitioners against whom there is allegation that they have surrounded the son of the informant and with a view to kill him, they attached by iron rod in his stomach. It has been alleged that at the time of occurrence, the
Patna High Court CR. MISC. No.45914 of 2024(3) dt.30-08-2024 2/3 petitioners were also present there.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners are lady and in the F.I.R., there is no allegation of any act and overt act upon them.
5. Counsel further submits that there are inimical relation between the informant and the petitioners prior to said occurrence. It is due to this reason, petitioners' name have been inserted in this case with a view to teach lesson to them. He further submits that from the bare perusal of the F.I.R., petitioners were standing at the place of occurrence.
6. Counsel also submits that petitioners' antecedent are not clean. There is one criminal case pending against them in which they are persuading for bail.
7. Learned APP for the State opposes the prayer for bail.
8. In the present facts and circumstances, 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 4 weeks from today, on being satisfied by the trial court that the petitioners are not absconding in the case i.e.,.Turkauliya Banjariya P.S.Case No.128 of 2019 which are
Patna High Court CR. MISC. No.45914 of 2024(3) dt.30-08-2024 3/3 pending against them on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P. S. Case No.570 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U