Patna High CourtCR. MISC./71911/2018bail granted

Gulshan Khatoon And ORS v. The State Of Bihar

2019-03-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71911 of 2018 Arising Out of PS. Case No.-134 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== 1.

Gulshan Khatoon,wife of Md. Daud

2. Badrun Nisha, w/o. Md.Shakil

3. Julekha Khatoon, w/o. Muslim Nadaf

4. Shairun Nisha, wife of Taslim Nadaf 5.

Jainab Khatoon @ Maimun Khatoon, w/o. Bhidul Nadaph 6.

Maimun Khatoon, w/o. Islahi Nadaf

7. Noor Jahan Khatoon, wife of Akil Nadaph All r/o. Rajdhat, P.S. Benipatti, Dist. Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar, Adv For the informant : Mr.Subhash Kumar Jha, Adv For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 448, 341, 323, 380, 427, 354(B), 109,506 IPC and Section 3 and 4 of the Dain Act and registered in connection with Benipatti P.S. Case No. 134 of 2018, GR No. 567/2018.

3. It is submitted that the petitioners have been falsely implicated and in any event several other male members of the family of the present petitioners, all of whom are ladies, have been granted anticipatory bail by this Court in Cr. Misc. No. 65806 of 2018. It is submitted that no specific allegation has been attributed to the present petitioners which are general and omnibus in nature against all accused persons. No injury report is available in respect of assault alleged. The petitioners claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant

Patna High Court CR. MISC. No.71911 of 2018(5) dt.06-03-2019 2/2 oppose the anticipatory bail petition.

5. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, Benipatti, Dist. Madhubani in connection with Benipatti P.S. Case No. 134 of 2018, GR No. 567/2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T