Patna High CourtCR. MISC./60111/2022allowed

Hasmati Khatoon v. The State Of Bihar

2022-12-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59479 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Md. Sharif @ Md. Sharif Alam Son Of Md. Istakil R/O Meenapur Tola, Imadpur, P.S.- Balia Belon, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60111 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Hasmati Khatoon W/O Md. Istakil Resident Of Village- Meenapur Tola, Imadpur, P.S.- Balia Belon, District- Katihar. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 59479 of 2022) For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad (In CRIMINAL MISCELLANEOUS No. 60111 of 2022) For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 354, 504, 506/34 of the Indian Penal Code. As per FIR, all the accused persons including the petitioners came and started to abuse and assault the informant and her family members. One Md. Istakil assaulted by means of

Patna High Court CR. MISC. No.59479 of 2022(2) dt.22-12-2022 2/3 knife to the informant and her husband for which both of them sustained injury.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners have not injured either the informant or her family members. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is case and counter case in between the parties. He submits that occurrence took place on 02.05.2022 but the FIR has been lodged on 07.05.2022 without explaining any reasonable cause of delay. He submits that there is specific allegation against co-accused Md. Istakil. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.59479 of 2022(2) dt.22-12-2022 3/3 learned court below where the case is pending/successor court in connection with Balia Belon P.S. Case No. 50 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T