Shahgadi Khatoon @ Mikni Khatoon @ Shahajadi Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62608 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- PHULWARIA District- Begusarai ====================================================== 1.
Shahgadi khatoon @ Mikni Khatoon @ Shahajadi khatoon son of Md. Amanat Hussain @ Amanat Hussain@ Hauwa @ Amanat village- Phulwaria Ward no. 3 Shanti Nagar, Gachhi Tola Barauni, Ps- Phulwaria, DistBegusarai 2.
Md. Iqbal @ Laddu @ Md. Laddu son of Md. Amanat Hussain @ Amanat Hussain@ Hauwa @ Amanat village- Phulwaria Ward no. 3 Shanti Nagar, Gachhi Tola Barauni, Ps- Phulwaria, Dist- Begusarai 3.
Aafrin khatoon @ Beli Khatoon Daughter of Md Amanat Hussain @ Amanat Hussain @ Hauwa @ Amanat village- Phulwaria Ward no. 3 Shanti Nagar, Gachhi Tola Barauni, Ps- Phulwaria, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Randhir Kumar No 1, Advocate For the State :
Mr. Sanjay Kumar Tiwary, APP For the Informant :
Mr. Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 06.03.2024 at 11.00 A.M., when son of informant went to take the rent of his shop, whereon co-accused Md. Mausim, in drunken condition, started abusing and assaulting his son and then
Patna High Court CR. MISC. No.62608 of 2024(2) dt.21-09-2024 2/3 Shahjadi Khatoon @ Mikni Khatoon came with sharp knife from her home and handed over it to co-accused Mausim, whereupon, co-accused Mausim attacked on the left side of chest of informant's son with knife causing grievous injury. Thereafter, it is alleged that petitioner no. 2 and co-accused Belli Khatoon came and started assaulting informant's son with legs and thereafter, fled away.
4. Learned counsel for the petitioners submits that as per F.I.R. itself, specific allegation of inflicting knife blow is against co-accused Md. Mausim. So far as these petitioners are concerned, there is no specific allegation of assault against them. Petitioner no. 1 has got one criminal antecedent, in which, she is on bail, whereas other two petitioners have got clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition.
6. Considering the fact that specific accusation of inflicting knife is against co-accused Md. Mausim and there is no specific allegation of assault against these petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
Patna High Court CR. MISC. No.62608 of 2024(2) dt.21-09-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Phulwaria P.S. Case No. 23 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T