Saira Bano v. The State Of Bihar

Patna High Court Cr.Misc. No.32317 of 2015 (2) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32317 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -ANDER District- SIWAN ====================================================== Saira Bano W/o Khursid Khan Resident of Village Usari Bujurg, P.S. M.H. Nagar, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner, informant and learned counsel for the State.

The petitioner apprehends her arrest in connection with Andar (M.H. Nagar) P.S. Case No. 46 of 2015 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 326/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he alongwith two other accused persons had assaulted the informant with Kudal. However, it cannot be said that that the injuries caused to the informant had been inflicted by this petitioner. It also appears on perusal of the FIR, that all the family members of the petitioner have been made accused in the present case and the informant is close agnate of the petitioner and had been litigating with respect to construction of house. Learned counsel for the Informant submits that it

Patna High Court Cr.Misc. No.32317 of 2015 (2) dt.19-08-2015 was the petitioner also, who had actively participated in giving blow on the informant resulting injuries on the person of the informant, which have been found grievous in nature. Considering the facts and circumstance of the case and the nature of allegation made against the petitioner and the improbability of her using Kudal alongwith other coaccused and also the fact the petitioner has no criminal antecedent, let the petitioner above named, in the event of her arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Andar (M.H. Nagar) P.S. Case No. 46 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T