Hadishan Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30087 of 2017 Arising Out of PS.Case No. -292 Year- 2013 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Hadishan Begum, wife of Md. Khurshid, resident of village-Muja, Pakari, P.S.-Vaishali (Belsar O.P.), District-vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 06-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Vaishali P.S. Case No.292 of 2013 instituted for the offence under Section(s) 341, 323, 379, 313, 511/34 Indian Penal Code. It has been submitted that the instant case has been filed in defence of Vaishali P.S. Case No.293 of 2013 instituted for the offence under Section(s) 376/511 Indian Penal Code in which husband of the present Informant is one of the accused and this petitioner is named in that case as a witness. Petitioner is a lady and there is general and omnibus allegation that she assaulted the informant on her abdomen. Case diary has been received in which Injury Report is available, wherein, the doctor has found simple injury on the

Patna High Court Cr.Misc. No.30087 of 2017 (4) dt.06-10-2017 2/2 person of the Informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Vaishali P.S. Case No.292 of 2013, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T