Md. Kabir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37612 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Md. Kabir, Son of Late Kashim

2. Hakima Khatoon @ Hakime Khatoon Wife of Md. Kabir

3. Shabana Khatoon, Wife of Md. Shakil All are resident of Village- Sugiya Kathsari, Police Station- Sheohar, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Verma For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2016 Heard learned counsels for the petitioners and the State. The petitioners being parents and married sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323,341,328,307 and 504/34 of the Indian Penal Code. The prosecution case is that in the background of fight between children, the petitioners and the husband of the informant assaulted her and administered insecticide as a result she started vomiting when she was taken by the villager to the hospital for treatment. The informant was further assaulted on 19.5.2016. It is submitted by the learned counsel for the petitioners that the petitioners are separate from the husband of the informant.

Patna High Court Cr.Misc. No.37612 of 2016 (2) dt.14-09-2016 2/2 The thrust of accusation is against the husband of the informant who is in custody. The impugned order reflects that the injury report contained in paragraph 21 of the case diary suggests that the informant was complaining drowsy though the final opinion with regard to injury has been kept reserved.

Considering the omnibus and general nature of accusation and no apparent injury being found whereas accusation is of informant being assaulted by several persons, 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, Sheohar in connection with Sheohar P.S. Case No. 78 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T