Aamna Khatoon @ Amna Khatoon @ Aamna Khatoona And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20021 of 2016 Arising Out of PS.Case No. -407 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== 1.
AAMNA KHATOON @ AMNA KHATOON @ AAMNA KHATOONA Wife of Md. Munna
2. Md. Faiyaz S/o late Farid
3. Md. Munna Son of late Azad
4. Md. Makshud son of late Azad
5. Md. Tarik Son of late Faruk All of Village Laruara, PS Mufassil, ( Singhaul O.P. ) District Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,447,341,323,325,307,504 and 506 of the Indian Penal Code.
The prosecution case is that for a dispute with regard to construction of hut on the land of the informant, Md. Saifullah alias Saifi (non-petitioner) assaulted thrice with the handle of hand-pump on the head of the brother of the informant namely Md. Humayun as a result he sustained injury on hand, head and
Patna High Court Cr.Misc. No.20021 of 2016 (2) dt.05-05-2016 2/3 leg and teeth was uprooted. When the informant and his family went to rescue then co accused Ehtesham Ansari hit with the butt of pistol on the mouth of the informant as a result lip got cut. He also assaulted on other parts of the body of the informant. It is alleged that petitioner no. 1 took out a dagger from her waist and handed over to her husband Md. Munna (petitioner no. 3) who wanted to pierce the dagger in the stomach of the informant but Maskar warded off the attack, as a result right palm of Maskar got injured. Md. Masnoon was assaulted by petitioner no. 4 with iron rod as a result his right hand got fractured. It is submitted by the learned counsel for the petitioners that both Md. Masnoon and Md. Maskar received simple injury. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the specific accusation against petitioner nos. 3 and 4 namely Md. Munna and Md. Makshud of causing injury, let the learned court below consider their prayer for regular bail in case they surrender within six weeks from today in connection with Mufassil P.S. Case No. 407 of 2014 pending in the court of learned C.J.M. Begusarai.
So far as petitioner nos. 1,2 and 5 above named are concerned, let them be released on anticipatory bail in the event of
Patna High Court Cr.Misc. No.20021 of 2016 (2) dt.05-05-2016 3/3 arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T