Khadida Khatoon @ Khadija Khatoon v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2163 of 2017 (2) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2163 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Khadida Khatoon @ Khadija Khatoon, W/o Chuganu Mian, R/o villageKhurkhurwa, P.S. Semara, District- West Champaran. .... .... Appellant

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The appellant seeks pre-arrest bail in connection with Simra P.S. Case No. 27/2017 registered for the offences punishable under Sections 341, 323, 447, 307, 504, 506/34 of the Indian Penal Code and under Section 3(i)(x)(xi) of SC/ST (POA) Act.

Allegation against the appellant is that she alongwith other accused persons have assaulted the informant. Learned counsel for the appellant submitted that neither there is any specific allegation of assault against the petitioner nor her any of the act made any offence under the provisions of SC/ST (POA) Act.

Heard learned Special P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, this appeal is allowed,

Patna High Court CR. APP (SJ) No.2163 of 2017 (2) dt.27-07-2017 let appellant, above named surrender before the Court of Special Judge within four weeks and on so surrendering he be released on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Simra P.S. Case No. 27 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(iii) The appellant shall cooperate in investigation before Investigating Officer and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) veena/- U T