Sarwari Begum @ Sarwari Ahmed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3302 of 2017 Arising Out of PS.Case No. -79 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sarwari Begum @ Sarwari Ahmed, Wife of Md. Sahjad Ahmad @ Sk. Shazad, Resident of Village- Hasanpur, P.S.- Kundwachainpur, DistrictEast Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2017 Heard learned counsels for the petitioner and the State.
The petitioner apprehends her arrest in connection with Kundwa Chainpur P. S. Case No. 79 of 2013 instituted under Sections 323, 341, 379, 504, 506 and 307/34 of the Indian Penal Code.
Allegation, in brief, is that this petitioner addressed the informant as Dian and snatched a golden chain and the allegation of assault is against one Shahjad and not against this petitioner.
Submission is that the petitioner is a lady and the neighbour of the informant and there is no allegation of committing assault against her and the police after investigation
Patna High Court Cr.Misc. No.3302 of 2017 (3) dt.23-02-2017 2/2 submitted charge sheet under bailable offence, but later on, forged injury report was submitted and cognizance was taken under Section 307 of the Indian Penal Code and the said investigating officer was also punished for the said act. However, there is no allegation of assault against this petitioner and she has no criminal antecedent except one case being Kundwa Chaipur P.S.Case No. 34 of 2013 registered under Sections 341, 323, 504, 354, 420/34 of the Indian Penal Code lodged by her one of the near relatives. Having considered the aforesaid facts and circumstances, let the petitioner, namely, Sarwari Begum @ Sarwari Ahmed, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, learned Judicial Magistrate-1st Class, Sikrahana at Dhaka, East Champaran in connection with Kundwachainpur P.S.Case No. 79 of 2013; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.