Sohni Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52380 of 2022 Arising Out of PS. Case No.-276 Year-2017 Thana- RIGA District- Sitamarhi ====================================================== 1.

SOHNI KHATOON W/o Md. Panchu Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

2.

Majul Rahman S/o Dasai Sheikh Resident of Village- Posua Pataniya, P.S.- Riga, Dist. Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 406, 120(B) of the Indian Penal Code.

Allegedly, petitioners including 43 accused persons tried to enroll their name in the list passed by the Panchayat Samiti for getting flood relief illegally.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.52380 of 2022(6) dt.27-02-2023 2/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that from the bare perusal of the FIR, it appears that the list of beneficiaries for flood relief was prepared by the Panchayat Monitoring Committee and as such the petitioners have no role in the preparation of said list. He further submits that the similarly situated co-accused, namely, Jaitun Khatoon, Najara Khatoon, Nijam Sheikh, Firdaush Kaushar, Ataur Rahman, Rahana Khatoon, Mahanthi Rai and Panchha Devi have been granted bail by the Co-ordinate Bench of this Court vide order dated 25.07.2022 in Cr.Misc.No. 457 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.52380 of 2022(6) dt.27-02-2023 3/3 connection with Riga P.S. Case No. 276 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T