Kaushari Begum @ Kausari @ Koushari Begam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67883 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- POTHIYA District- Kishanganj ====================================================== 1.
Kaushari Begum @ Kausari @ Koushari Begam Wife of Late Md Ramjan @ Ramjan R/O Vill.- Jharbari, P.S.- Pothia, District- Kishanganj 2.
Rozi D/O Late Md Ramjan @ Ramjan R/O Vill.- Jharbari, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar Mr. Rajeev Ranjan For the informant :
Mr. Rajesh Ranjan For the State :
Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2024
1. Heard learned Counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Pothia Police Station Case No. 113 of 2024, dated 28.04.2024, disclosing offences under Sections 147/148/149/341/323/324/307/354/504 of the Indian Penal Code.
3. The present First Information Report has been lodged due to land dispute. On the date of occurrence, the accused persons assaulted the informant's son and other family member. It has further been alleged that the petitioners,
Patna High Court CR. MISC. No.67883 of 2024(2) dt.24-10-2024 2/3 along with other accused persons, conspired to kill the family members of the informant. The petitioner no. 1 invited the informant and his family members in the wedding ceremony organized by the petitioners side and the petitioner no. 2 set the house on fire where the son and nephew of the informant was being locked.
4. Learned Counsel for the petitioners submits that petitioners are ladies. He next submits that both the parties are co-sharer and there is admitted land dispute between them. He next submits that a counter-case has been lodged by the side of the petitioners against the informant and others, bearing Pothia Police Station Case No. 111 of 2024, which is prior to the present First Information Report.
5. On the other hand, learned counsel appearing for the informant and the State vehemently opposes prayer for anticipatory bail and submits that the petitioners, along with other accused petitioners, have conspired with the alleged occurrence.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharer, there is land dispute between the
Patna High Court CR. MISC. No.67883 of 2024(2) dt.24-10-2024 3/3 parties, case and counter-case is also there and petitioners are ladies, I not inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Pothia Police Station Case No. 113 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T