Mehrun Nisha @ Mehrun Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55548 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== MEHRUN NISHA @ MEHRUN KHATOON wife of Tajmul VillageChhitahi Ward no-10, Ps- Bhaptiyahi Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 302 of the Indian Penal Code.
3. According to F.I.R., on the alleged date and time of the occurrence, co-accused Wali Mohammad forcibly started constructing a house on the land of the informant. On objection, all the family members of co-accused Wali Mohammad started abusing the informant and his son and co-accused Ajmul and Kamrul assaulted his son with sword and farsa on account of which he died during course of treatment.
4. It is submitted that specific accusation of assault is against co-accused Ajmul and Kamrul. Petitioner is a family member of the co-accused persons and she is only alleged to be
Patna High Court CR. MISC. No.55548 of 2023(2) dt.28-08-2023 2/2 present at place of occurrence. There is no specific allegation of assault against the petitioner. Petitioner is a lady and claims clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P. S. Case No. 173 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T