Ruksana Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33141 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -MUZAFFARPUR TOWN District- MUZAFFARPUR =====================================

1. Ruksana Khatoon, Wife of Md. Mumtaj

2. Nagma Khatoon, D/o Md. Mumtaj

3. Neha Khatoon, D/o Md. Mumtaj

4. Ruksar Khatoon, D/o Md. Mumtaj

5. Md. Mumtaj, Son of late Md. Hasim All Resident of Village: Kalyani Bada Lane, P.S. Nagar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :Ms. Jyotsna Rani Mishra, Adv. For the Opposite Party/s :Mr. Kalyan Shankar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2018 The petitioners seek bail in anticipation of their arrest in connection with Town P.S. Case No. 76 of 2018, dated 05.02.2018, instituted for the offences punishable under Sections 448, 341, 323, 504, 328 and 307/34 of the Indian Penal Code.

The petitioners are alleged to have helped one Md. Raju in assaulting the informant and making her drink

Patna High Court Cr.Misc. No.33141 of 2018 (2) dt.02-07-2018 2/3 some deleterious substance.

Learned counsel for the petitioners has submitted that because of the dispute between the children of two families, the present case has been lodged. The petitioner No. 1 is the mother of aforesaid Md. Raju, who is said to have forced the informant to drink pheneol, whereas petitioner Nos. 2, 3 and 4 are his sisters. Petitioner No. 5 is the father of aforesaid Md. Raju. Except for petitioner Nos. 2 and 3, who are said to have caught hold of the informant, there is no specific allegation against anyone of the petitioners. During the course of investigation of the case, it has been submitted, the parties effected a settlement and the informant and her family members do not wish to prosecute the petitioners any further.

Considering the aforesaid facts as also taking into account that no specific role has been played by the petitioner Nos. 1, 4 and 5 and that the petitioner Nos. 2 and 3 are unmarried girls, this Court is inclined to enlarge them on anticipatory bail.

Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.33141 of 2018 (2) dt.02-07-2018 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 76 of 2018.

(Ashutosh Kumar, J) Praveen-II/- U T