Roseda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63121 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- ABADPUR District- Katihar ====================================================== Roseda Khatoon, Wife of Aansarul @ Md. Aansarul Resident of Village - Bhawanipur, P.S.- Abadpur, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2023 Heard Mr. Pawan Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Raj Ballabh Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Abadpur P.S. Case No. 34 of 2022 registered for the offence punishable under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code.

3. 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 her nose. 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.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a female and she has

Patna High Court CR. MISC. No.63121 of 2022(2) dt.15-05-2023 2/2 been implicated in the case for the reason that she happens to be the wife of the accused Md. Aansarul. The allegation levelled against the petitioner is general and omnibus. Similarly situated co-accused namely Sabera Khatoon, Manjoora Khatoon and Ozma Khatoon have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 11.04.2023 passed in Cr. Misc. No. 65958 of 2022.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the fact that the petitioner is a female and the allegation levelled against her is general and omnibus and specific allegation is against co-accused Ansarul and Anwar, the petitioner, above named, is directed to be released on prearrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Katihar in connection with Abadpur P.S. Case No. 34 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T