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Patna High CourtCR. MISC./40458/2020bail granted

Chandani Khatun v. The State Of Bihar

2021-07-23Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40458 of 2020 Arising out of PS. Case No.-18 Year-2020 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

Chandani Khatun D/o Firoz Miyan R/o village- Harpur, Barheta, P.S.- Sarairanjan, District- Samastipur 2.

Shushbu Khatun @ Khushbhu Khatoon @ Khushbu Praveen D/o Firoz Miyan R/o village- Harpur, Barheta, P.S.- Sarairanjan, District- Samastipur 3.

Md. Chand @ Md. Chand Miyan S/o Firoz Miyan R/o village- Harpur, Barheta, P.S.- Sarairanjan, District- Samastipur 4.

Md. Dulare Miya @ Md. Dulare S/o Firoz Miyan R/o village- Harpur, Barheta, P.S.- Sarairanjan, District- Samastipur 5.

Md. Eraj @ Md. Eraz S/o Md. Machhu Miyan @ Md. Machchhu Miyan R/o village- Harpur, Barheta, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Apurva Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-07-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 26.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Sarairanjan P.S. Case No. 18 of 2020, registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian

Patna High Court CR. MISC. No.40458 of 2020(2) dt.23-07-2021 2/3 Penal Code.

The accusation is that eight persons named in the FIR including five petitioners along with two others having farsa in their hand entered in the house of informant, Md. Hanan. Md. Firoz Miya caused injury from farsa on the hand of Sahjadi Khatoon who is the mother of the informant. Tinku Miya caused injury on the head and leg of Asma Khatoon. Two sons-in-law of Md. Firoz also caused injury to his mother whereas Md. Rahul caused fracture injury at the leg of Asma Khatoon. At the time of fighting Khushbu Khatoon, petitioner no. 2 snatched the gold ear ring from Asma Khatoon.

Learned counsel for the petitioners submits that the petitioners are named in the FIR but there is no specific allegation against them except petitioner no. 2, Khushbu Khatoon against her there is allegation of snatching gold ear ring of Asma Khatoon. Further submission is that the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of

Patna High Court CR. MISC. No.40458 of 2020(2) dt.23-07-2021 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Samastipur in connection with Sarairanjan P.S. Case no. 18 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Vikash/- U T