Ravina Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72307 of 2018 Arising Out of PS. Case No.-378 Year-2018 Thana- SAKRA District- Muzaffarpur ======================================================

1. Ravina Khatoon, Wife of Md. Shaukat.

2. Nagina Khatoon, Wife of Alauddin.

3. Shahabuddin, Son of Butan Mian.

4. Mangla, Son of Alauddin.

5. Raushani Khatoon, daughter of Late Sukla Mian, All residents of Village- Chakrave Maniyari, Police Station- Sakra, DistrictMuzaffarpur. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Alok Kumar Alok, Advocate.

For the Opposite Party :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Learned counsel for the petitioners is permitted to make necessary corrections in paragraph no. 1 of the bail application, in course of the day.

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

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 341, 324, 504, 354, 379 and 307/34 of the IPC.

The prosecution story, in brief, is that on 30.05.2018 at 8.30 P.M., there was scuffle between the daughter of the informant and the petitioner nos. 1, 2 and 5 in course of grazing she-goat. The petitioners armed with deadly weapon arrived at

Patna High Court Cr.Misc. No.72307 of 2018(2) dt.04-12-2018 2/3 his house ans started using filthy words upon them. Petitioner No. 4 assaulted him with intent to kill him with Iron rod on his head resulting which he sustained head cut injury. Petitioner no. 1 gave a Khanti blow to kill him for which his right hand became injured and when his son, daughter and wife rushed to save, petitioners assaulted them. Petitioner no. 2 gave a Mushal blow on the head of the informant's daughter causing head injury. Meanwhile, petitioners nos. 3 and 5 tried to outrage the modesty of his wife and petitioner no. 3 also outraged her modesty by tearing her Balause and he also snatched the gold chain from the neck of informant's wife and Silver Chain from the neck of informant's daughter.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. The petitioner nos. 1, 2 and 5 are ladies.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let

Patna High Court Cr.Misc. No.72307 of 2018(2) dt.04-12-2018 3/3 the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge 13th-cum-A.C.J.M., Muzaffarpur, in connection with Sakra P.S. Case No. 378 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T