Nesha Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54866 of 2022 Arising Out of PS. Case No.-11 Year-2020 Thana- MAHILA PS District- East Champaran ====================================================== Nesha Khatoon Wife Of Akbar Mian R/V- Vaishakhwa, Ward No. 1, P.SKesariya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anang Mohan Sinha For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 380, 307, 384, 328, 120(B) of the Indian Penal Code and Section 27 of Arms Act.
The prosecution case in nutshell is that all the accused persons including petitioner, variously armed, came to the house of the informant and started abusing. When the informant raised protest then co-accused persons assaulted the informant. When the family members of the informant came for her rescue then they were also assaulted by the co-accused persons.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.54866 of 2022(2) dt.10-11-2022 2/2 that the petitioner is quite innocent and she has falsely been implicated in the present case due to previous land dispute. It is also submitted that petitioner is a lady and there is no specific overt act against her. There is general and omnibus allegation against the petitioner and the specific allegation of assaulting is against co-accused persons. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Motihari Mahila P.S. Case No. 11 of 2020, G.R. Case No. 2006 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T