Sitara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53166 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

Sitara Khatoon Wife Of Md. Samasad @ Md. Shamssad Village- Khuda Nagar, Ps- Chhatauni, Dist- East Champaran 2.

Seru Nesha @ Sairu Nesha @ Sairun Nesha Wife Of Md. Abdullah VillageKhuda Nagar, Ps- Chhatauni, Dist- East Champaran 3.

Md. Abdullah Son Of Rahamtullah @ Rahamtullah Village- Khuda Nagar, Ps- Chhatauni, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Chhatauni P.S. Case No. 189 of 2024 registered for the offences punishable under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that while the informant was returning from his shop, in the meantime, accused persons surrounded the informant and it is alleged that one Md. Shamshad has stabbed the informant on his neck with

Patna High Court CR. MISC. No.53166 of 2024(2) dt.02-08-2024 2/3 knife, due to which he sustained injuries.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. It is submitted that there is no specific allegation against the petitioners, rather allegation is general and omnibus. It is next submitted that specific allegation of stabbing is against co-accused, namely,Md. Shamshad, who has already been granted regular bail by this Court vide order dated 10-07-2024, passed in Cr. Misc. No. 48382 of 2024. It is submitted that petitioners bear clean antecedent.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chhatauni

Patna High Court CR. MISC. No.53166 of 2024(2) dt.02-08-2024 3/3 P.S. Case No. 189 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T