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Patna High CourtCR. MISC./11836/2016disposed

Samina Khatoon And ORS v. The State Of Bihar

2016-03-16Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11836 of 2016 Arising Out of PS.Case No. -41 Year- 2013 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Samina Khatoon Daugther of Juman Miyan

2. Bholan Khatoon, Wife of Juman Miyan

3. Phatma Khatoon, Wife of Tasir Miyan

4. Md. Vasir @ Vasir, Daughter of Juman Miyan, All Residents of villageSuvatol, P.s.- Andharamath, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-03-2016 Learned counsel for the petitioners is permitted to make correction in the cause title.

Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Andhramath P.S. Case No.41 of 2013, corresponding to G.R. No.1093 of 2013, registered for the offence punishable under Sections 342, 343, 447, 324, 307, 308, 327, 504/34 of the Indian Penal Code and under section 3(i)(iv)(x)(xi) of S.C./S.T. Act.

Patna High Court Cr.Misc. No.11836 of 2016 (2) dt.16-03-2016 2/3 Allegation has been made by the informant that when he was doing agricultural work in his field, Jumman Mian, Md. Vasir Mian, Md. Kalam and Md. Harun holding with different weapons came there and Jumman Mian exhorted for assaulting and killing the informant, whereupon the male accused persons assaulted the informant.

There is no specific allegation against the petitioner Nos.1, 2 and 3.

Looking to the nature of allegation and the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let the above named petitioner Nos. 1, 2 and 3, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the J.M.F.C., Jhanjharpur (Madhubani), in connection with Andhramath P.S. Case No.41 of 2013, corresponding to G.R. No.1093 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far the bail application of petitioner No.4 is concerned,

Patna High Court Cr.Misc. No.11836 of 2016 (2) dt.16-03-2016 3/3 the same is rejected. If the petitioner No.4 surrenders within four weeks from today and makes the prayer for regular bail, the Court below shall pass appropriate order without being influenced by this order.

(Shivaji Pandey, J) pawan/- U