Nafisa Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50264 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== 1.
NAFISA KHATOON WIFE OF EKBAL AHMAD RESIDENTS OF VILLAGE- KOILAWAN, PS- HASPUR, DISTT- AURANGABAD BIHAR 2.
MAHIRUN KHATOON WIFE OF AARIF RESIDENTS OF VILLAGEKOILAWAN, PS- HASPUR, DISTT- AURANGABAD BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.
The petitioners apprehend their arrest in connection with Haspura P.S. Case No. 57 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
As per allegation, the petitioner along with co-accused Ekbal Ahmad @ Sonu assaulted the father of the informant. Coaccused Ekbar Ahmad @ Sonu punched fist in chest of the father of the informant, resulting to which, he fell on the ground and blood was oozing from his nostrils and mouth. Thereafter, he was referred to Patna for treatment, where he died in way to the hospital.
The learned counsel for the petitioners has submitted that the petitioners are the ladies of clean antecedent. There is
Patna High Court CR. MISC. No.50264 of 2023(2) dt.11-08-2023 2/2 no allegation against them to assault the deceased, rather the specific allegation to assault the deceased is on co-accused Sonu Kumar. He has submitted further that the FIR shows itself that co-accused Sonu Kumar assaulted the father of the informant with fists and slaps. Sustaining injury, the father of the informant fell on the ground and blood was oozing from his nostrils and mouth. He breathed his last in Anugrah Narayan Hospital.
Considering the above-mentioned facts and circumstances as well as the fact that petitioners are ladies and there is no specific allegation against them to assault the deceased, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 57 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Kundan/Nirmal U T