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Patna High CourtCR. MISC./1815/2022bail granted

Akbari Khatoon @Akbari v. The State Of Bihar

2022-08-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1815 of 2022 Arising Out of PS. Case No.-107 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== AKBARI KHATOON @ AKBARI W/o Geyas Khan @ Bhutali Resident of Village - Qureshi Mohalla, P.S.- Aurangabad Town, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Ravindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 324, 381, 307 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. The informant alleges that a maid was working in his house for the last two months and on 09.04.2019, at about 05:00 p.m., when his wife was taking bath, the maid stolen away the wife's gold bangles, earpieces and Rs.20,000/- kept in the Almirah. The informant went to the house of the maid to

Patna High Court CR. MISC. No.1815 of 2022(2) dt.04-08-2022 2/3 complain and the husband of the maid assured to return the stolen object. It is alleged that Gyas Khan, who is the husband of the maid, called the informant to the house of Minu Khan along with his wife and when they reached the house six accused persons including the petitioner were present there. Further, when the informant demanded the stolen article under threat that if the same is not returned a case would be lodged then all accused assaulted the informant with iron rod causing injury on his head.

Gulbasa assaulted the informant's wife on the neck with knife but in the process she got injured on her nose while trying to save herself thereafter all the accused assaulted the wife of the informant with iron rod when Minaz snatched gold chain of the informant's wife worth Rs.1,20,000/-. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is submitted that the petitioner is the mother of the maid, namely, Gulbasa. It is submitted that since she is mother of the maid, as such, the informant is in anger even named the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.1815 of 2022(2) dt.04-08-2022 3/3 event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Aurangabad Town P.S. Case No. 107 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T