Nurul Nesa And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28239 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -THAWE District- GOPALGANJ ======================================================

1. Nurul Nesa, Wife of Nabi Rasul Ansari.

2. Farida Khatoon, Wife of Late Raja Hussain. Both are Resident of Village- Narayanpur Naya Tola, Police Station- Thawe, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 435, 436, 427, 504/34 and 302 of the Indian Penal Code in connection with Thawe P.S. Case No. 143/2017. Allegation as per the F.I.R. is that one Dewa Ram had got a land by the government under Bhudan, but the accused persons were laying foundation over the said land which was protested the by the informant, for which the petitioners and other co-accused persons assaulted him and also set on fire his wife causing burn injury. Submission of the learned counsel for the petitioners is that there is no specific allegation against petitioner nos. 1 and 2 of

Patna High Court Cr.Misc. No.28239 of 2018 (2) dt.17-05-2018 2/2 setting on fire the wife of the informant, rather there is allegation against these two petitioners of having set fire on their house. There is case and counter case being Thawe P.S. Case No. 142/2017, which has been lodged by the husband of petitioner no. 1. Heard learned Additional Public Prosecutor also. Considering the aforesaid facts, let the petitioners, above named, in the event of their rrest or surrender before the court below within a period of six weeks, be released on bail 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 Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No.

143/2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors should be close relative of the petitioners and another having sufficient immovable property within the jurisdiction of the court below and the petitioners will co-operate in disposal of the trial and will make themselves available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of their bail bonds. (Vinod Kumar Sinha, J.)