Sajhida Khatoon @ Duria And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39776 of 2018 Arising Out of PS. Case No.-830 Year-2017 Thana- MADHEPURA District- Madhepura ======================================================
1. Sajhida Khatoon @ Duria, W/o Md. Sahadat,
2. Julekha Khatoon @ Jalkhiya W/o Md. Samsuddin, Both R/o Vill.- Noorani Mohalla, Ward No. 5 Madhepura, P.S. & DistrictMadhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447,341,323,324,307,427,379 and 504/34 of the IPC. The prosecution case as per the Fardbeyan of Jamir Alam recorded on 2.12.2017 at 4.30 P.M. in the Emergency Ward of Madhepura Hospital recorded by S.I. Mahesh Kumar Yadav of Madhepura Police Station, is to the effect that on 2.12.2017 at 2.30 P.M., the informant, his father, mother, wife and brother were at their house when eighteen accused persons came and made assault and snatched gold chain and mobile phone. It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled. The accusation is omnibus and general. Four persons
Patna High Court Cr.Misc. No.39776 of 2018(2) dt.10-07-2018 2/2 from the informant side also received injuries and Md. Amir received grievous injury over his right forearm. The other injuries are superficial simple in nature. There is a counter version of the occurrence being Madhepura P.S. Case No. 833 of 2017 registered under Sections 341,323,354,379 and 504/34 of the IPC. The petitioners are accused in one other case in which he is on bail.
Considering the genesis of the occurrence, the accusation being omnibus and general, there is a counter version of the occurrence and the petitioners are aged persons, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Madhepura P.S. Case No.830 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U