Sahina Khatoon And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41321 of 2015 Arising Out of PS.Case No. -97 Year- 2015 Thana -KADWA District- KATIHAR ======================================================
1. Sahina Khatoon wife of Md. Maruf.
2. Rahina Khatoon Wife of Nurul Hoda.
3. Sajrin Khatoon @ Sajrin D/O Nurul Hoda.
4. Bibi Amna Khatoon @ Amna Khatton Wife of Late Warid Ali.
5. Jahana Khatoon @ Jahina Wife of Md. Najeem. All are Resident of Village- Parbheli, P.S. Kadwa, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Smt.Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2015 The matter has been listed for being taken up out of turn since petitioner no.1 is at the advance stage of pregnancy, statement to that effect has been made in para 7 of the petition, which reads as follows:- "None the less petitioner no.1 has an advance pregnancy of about eight months....."
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 307, 379, 447, 504 and 506 of the Indian Penal Code.
The prosecution case is that co-accused Md. Maruf enquired from the informant that why he has cut the ridge of his
Patna High Court Cr.Misc. No.41321 of 2015 (2) dt.23-09-2015 2/2 land when the informant told him that under mistake the ridge has been cut and he will repair the ridge, thereafter on the order of Md. Nurul Hoda, Md. Arsad by pistol and Md. Marud with sword assaulted the informant. It is alleged against the petitioners that they assaulted the informant with fists and slaps and also took away `5,000/-.
It is submitted by learned counsel for the petitioners that there is no injury report on record and the accusation against the petitioners is omnibus and general. The specific accusation is against Md. Maruf and Md. Arsad. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Kadwa P.S. Case No. 97 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T