Rabaya Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57377 of 2017 Arising Out of PS.Case No. -194 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rabaya Khatoon, W/o Azizullah @ Azizullah Rampuri,

2. Nazia Urush @ Nazia Urus D/o Azizullah @ Azizullah Rampuri,

3. Homa Firdous D/o Azizullah @ Azizullah Rampuri, All R/o VillageRampur Kodar, P.S.- Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-01-2018 Heard both sides.

The petitioners apprehend their arrest in Kesariya P.S. Case No. 194 of 2017 registered under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, Md. Salim, alleged that while he and his brother were taking out the sapling of paddy, the petitioners and others came and prevented the informant and his brother from taking out the sapling of paddy. On protest, Shams Tabrej is said to have assaulted the informant with dagger on his neck. Nazia Urush (petitioner No. 2) is alleged to have assaulted the informant with iron rod on head. Rabaya Khatoon (petitioner No. 1) is alleged to have snatched gold chain from possession of Shafkat Ali. Homa Firdous (petitioner No. 3) is alleged to

Patna High Court Cr.Misc. No.57377 of 2017 (2) dt.03-01-2018 2/2 have snatched Titan watch from possession of the informant. Learned counsel for the petitioners submits that the informant got one simple injury on neck. Petitioner No. 2 is alleged to have assaulted the informant with iron rod on head, but no corresponding injury was found on the head of the informant. The injury is found simple in nature caused by hard and blunt substance. There is no allegation of assault against the petitioner Nos. 1 and 3 and the petitioners are ladies. On account of land dispute, some altercation took place. Considering the fact, aforesaid, the petitioners, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Kesariya P.S. Case No. 194 of 2017 to the satisfaction of the learned Additional Chief Judicial MagistrateXI, East Chamapran at Motihari or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) ajay gupta/- U T