Sabera Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65958 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- ABADPUR District- Katihar ====================================================== 1.

Sabera Khatoon Wife of Rafiq R/V- Bhawanipur, P.S- Abadpur, DistKatihar 2.

Manjoora Khatoon Wife of Ansar R/V- Bhawanipur, P.S- Abadpur, DistKatihar 3.

Ozma Khatoon @ Azama Khatoon Wife of Md. Manjoor R/V- Bhawanipur, P.S- Abadpur, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard the parties.

The petitioners are apprehending arrest in connection with Abadpur P.S. Case No. 34/2022 for the offence under Sections 341, 323, 324, 379, 504, 506/34 of the I.P.C. pending in the Court of learned Chief Judicial Magistrate, Katihar. As per the prosecution story, the accused persons came to the informant and the allegation is of assaulting her as well as her husband and took out the ornament from the nose of the informant. Further the accused Anwar assaulted the informant by sword which hit on her eye. Similarly, co-accused Ansarul assaulted the informant on her head by iron rod and tried to outrage her modesty.

Learned counsel for the petitioners submit that all of them are ladies and there is only omnibus allegation against

Patna High Court CR. MISC. No.65958 of 2022(2) dt.11-04-2023 2/2 them although, they are the family members of the said Ansarul and Anwar.

Learned APP opposes the prayer stating that they have been named in the F.I.R.

Taking into account the fact that all three petitioners namely Sabera Khatoon, Manjoora Khatoon, Ozma Khatoon @ Azama Khatoon are ladies, omnibus allegation is against all of them of taking ornaments from the nose of the informant, specific allegation is against Ansarul and Anwar and they do not have criminal antecedent, this Court is inclined to grant them the privilege of anticipatory bail.

Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge, Katihar , in connection with Abadpur P.S. Case No. 34 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/Kiran U T