Jabisa Khatoon @ Musiya Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42120 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== JABISA KHATOON @ MUSIYA KHATOON Wife of Md. Hasan Resident of Village - Mouna, P.S.- Mahindwara, Distt - Sitamarhi. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 This application, for grant of anticipatory bail, arises out of Mahindwara P.S. Case No. 48 of 2019, disclosing offences under Sections 147, 148, 149, 448, 341, 323, 504 and 302 of the Indian Penal Code.
Allegation against petitioner and several other accused persons is of assaulting the father of informant by means of lathi and danda and due to which, father of informant died during course of his treatment.
Submission of learned counsel for the petitioner is that though she is named in the F.I.R., no specific allegation has been attributed to the petitioner and only two injuries were found on the person of the deceased.
Learned counsel for the State and learned counsel for the informant opposed the prayer for bail. Learned counsel for
Patna High Court CR. MISC. No.42120 of 2019(4) dt.27-09-2019 2/2 the informant has submitted that the prayer for anticipatory bail of other two accused persons have already been rejected by a coordinate Bench of this Court. However, he has fairly admitted that those accused persons were not ladies.
Having heard both sides, considering the facts and circumstances and also the fact that petitioner is a lady, this application is allowed. Provisional bail granted to the petitioner vide order dated 11.07.2019 is confirmed..
(Vinod Kumar Sinha, J) sunilkumar/- U T