Gazla Parween @ Gazala Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55735 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== GAZLA PARWEEN @ GAZALA PARVEEN, WIFE OF MD AZAD RESIDENT OF VILLAGE - SAGI BAKSAN TOLA , WARD NO 12 , POLICE STATION- KHODAWANDPUR, DIST- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-06-2022 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail, apprehending her arrest, in connection with Khodawandpur P. S. Case No. 107 of 2020, registered for the offences punishable under Sections 153 (A), 295 (A), 341, 323, 147, 149, 379 and 506 of the Indian Penal Code.

Prosecution story in brief is that on the information of slaughtering of cow and selling of beef, the police party conducted raid in the village and videography was also done. When the police party left the village, the informant alleges that all the F.I.R. named accused persons assaulted him and

2/4 snatched his mobile, while he was going to his field. The learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It has further been submitted that this case is counterblast to a case instituted by the petitioner against the informant vide Khodabandpur P. S. Case No. 108 of 2020. Apart from this, it has been submitted that other co-accused persons of this case have already been granted bail by a Bench of this Court vide order dated 01.02.2021, passed in Cr. Misc. No. 30079 of 2020. The case of the petitioner is on better footing than that of the co-accused who have been granted anticipatory bail.

It is also stated in paragraph no. 2 of the petition that no similar petition has been earlier filed by the petitioner either before this Court or before the Hon'ble Apex Court. It has further been stated that the petitioner has no criminal antecedent.

However, the learned APP for the State has opposed the prayer for bail.

Considering the afore-stated facts and

3/4 circumstances, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Sub-divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur P. S. Case No. 107 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedent despite her knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of

4/4 the petitioner.

The application stands allowed accordingly.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U