Sahima Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7358 of 2018 Arising Out of PS. Case No.-204 Year-2017 Thana- BAHADURGANJ District- Kishanganj ====================================================== Sahima Begum, wife of Kaishar Alam, resident of Village- Bishanpur, Ward No. 13, P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarangdhar Jha, Advocate For the Opposite Party/s :

Sri Chandrasen Prasad Singh, APP For the informant: Shri Rakesh Kumar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-02-2018 Heard Shri Srangdhar Jha, learned counsel for the petitioner, learned Additional Public Prosecutor as well as Shri Rakesh Kumar Shrivastava, learned counsel, who has voluntarily appeared on behalf of the informant. The sole petitioner, who is a lady, apprehending her arrest in connection with Bahadurganj P.S. Case No. 204 of 2017, registered for the offence under Section 341, 323, 324, 354, 307, 379, 305, 504, 506/34 of the Indian Penal Code , 1860 has prayed for grant of bail in the event of her arrest or surrender.

It was submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.7358 of 2018(2) dt.13-02-2018 2/3 that informant is none else but own aunt of the petitioner and on earlier occasions also number of cases were filed by the informant against the petitioner and her family members. He further submits by way referring to the FIR there is general and omnibus allegation. No specific allegation has been levelled against the petitioner. Shri Rakesh Kumar Shrivastava, learned counsel for the informant has vehemently opposed the prayer for anticipatory bail and submits that there is allegation that all the accused persons arrived and assaulted the informant's side and in the occurrence informant had received at least three incised injuries.

Considering the nature of accusation, relationship in between petitioner and informant as well as the fact that petitioner is female, there is no reason to refuse the prayer for anticipatory bail. Accordingly in the event of her arrest or surrender within a period of six weeks from today, let the petitioner Sahima Begum be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj /

Patna High Court Cr.Misc. No.7358 of 2018(2) dt.13-02-2018 3/3 concerned court in connection with Bahadurganj P.S. Case No. 204 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T