Ajmerun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67684 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- BAIRGACHHAI District- Araria ====================================================== Ajmerun W/O Jamal R/O Village- Koshkipur, Ward No. 01, P.S- Bairgachhi, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Ziaul Quamar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Araria (Bairgachhi) Police Station Case No. 29 of 2024, disclosing offences under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

3. As per the First Information Report, on 19.05.2024, the elder brother of the informant came out of the house and went to the site of under construction new house, in the meanwhile, co-accused Kamrul attacked the informant's brother Tabarak by way of knife on his chest. At the time of occurrence, the petitioner and others were also present and the co-accused has inflicted knife blow upon the informant's brother in connivance with them.

4. Learned Counsel for the petitioner submits that the informant is own brother of the victim. The petitioner is sisterin-law of the informant. There is land dispute among the family

Patna High Court CR. MISC. No.67684 of 2024(2) dt.23-10-2024 2/2 members. The allegation of assault is upon the co-accused Kamrul and no overt act has been alleged against the petitioner who is a lady and sister-in-law of the informant.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related, there is no allegation of assault against the petitioner and petitioner is a lady, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) Police Station Case No. 29 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T