Afsana Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20102 of 2017 Arising Out of PS.Case No. -514 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Afsana Khatoon, Wife of Munna Khan,

2. Rizwana Khatoon, wife of Sarfaraz Khan, Both are resident of VillagePokharia Maldahia, P.S.- Sikarpur, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri, APP For the State : Mr. Sri Prem Kumar Jha, APP For the Informant : Md. Zainul Abadin, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Sikarpur P.S. Case No. 514 of 2016 registered under Sections 147, 148, 149, 323, 324 and 307 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added. The accusation is that due to land dispute seven persons named in the F.I.R. including the petitioners came near Mubarak Ansari, father of the informant, variously armed with weapons and started to case assault to him. On raising alarm,

several persons came to save him but in the meantime, Sarfaraj Khan gave lathi blow at the head of the father of the informant whereas Munna Khan caused injury through lathi to the brother of the informant. When Munni Khalu and brother-in-law of the informant came to save them then they were also assaulted by Shani Khan. In the meantime, petitioner no. 1 snatched gold chain from the neck of the sister of the informant. Mubarak Ansari, father of the informant, was rushed to the hospital but he died in course of treatment.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act has been attributed against them rather occurrence took place in between the male members of both parties but with ulterior motive the petitioners, who are ladies, have falsely been implicated in this case.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 514 of 2016,

subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T