Bibi Aysa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62387 of 2021 Arising Out of PS. Case No.-670 Year-2020 Thana- ARARIA District- Araria ====================================================== Bibi Aysa Wife Of Md. Khurshid R/O Village- Budeshwari Ward -8, P.O.- Mohanpur, P.S.- Bairgachhi, District- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manini Jaiswal For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 302 and 504 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 12.08.2021, he is a person with clean antecedent, charge-sheet has been submitted in the case and is a woman.

The learned counsel for the petitioner submits that the informant alleges that on account of dispute relating to fencing of kitchen, a dispute arose on which, on orders of Md. Khurshid, the petitioner along with Tippu Sultan and Md. Haider formed an unlawful assembly and Md. Khurshid assaulted the brother of the informant by dabia and Md. Haider assaulted informant's mother by

Patna High Court CR. MISC. No.62387 of 2021(2) dt.23-03-2022 2/2 iron rod. It is further alleged that brother of the informant died while the mother was under treatment.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that except for the name of the petitioner, there is no specific allegation of assault against him. It is also submitted that petitioner is a lady and requires a different treatment in the nature of allegation. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and is a woman and taking into consideration and submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Araria (Bairgachhi) P. S. Case No.670 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T