Chhoti Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46428 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Chhoti Khatoon Daughter Of Md. Husaini @ Hisaini Resident Of VillageUjani, Ps- Naugachia, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ambrish Kumar Jha,Advocate For the Opposite Party/s :
Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Naugachia P.S. Case No. 365 of 2022 dated 25.11.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.
4. As per the prosecution case, the informant's father and uncle went to the house of Md. Zawed for discussion about the last evening incident. Thereafter, Md. Zawed become
Patna High Court CR. MISC. No.46428 of 2023(2) dt.02-08-2023 2/3 aggressive and started abusing them. On hearing noise, the co-accused Md. Salauddin gave order to kill the uncle and the father of the informant then the petitioner and the co-accused persons holding with lathi, danda and iron rod assaulted the father of the informant causing injury on his chest and back. The father of the informant died due to assault.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that there is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two
Patna High Court CR. MISC. No.46428 of 2023(2) dt.02-08-2023 3/3 sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia in connection with Naugachia P.S. Case No. 365 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T