Iffat Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64569 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- DHAKA District- East Champaran ====================================================== IFFAT KHATOON WIFE OF SHEKH SIKANDAR R/O VILL.- GARHIYA, P.S.- DHAKA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Dhaka (Pachpakari) P.S. Case No. 254 of 2022 for the offence registered under Sections 341, 323, 324, 452, 379, 307, 504 and 34 of the Indian Penal Code.

As per the prosecution story, the petitioner's and informant's children were playing and when they started quarreling, the informant separated them in order to pacify the matter. It is further alleged that thereafter, all the accused persons variously armed came at the door of the informant and started abusing and threatening and when the informant objected, Shekh Sikandar who was armed with sword gave blow on his head. It is further alleged that when the informant's

Patna High Court CR. MISC. No.64569 of 2022(2) dt.11-04-2023 2/3 daughter came to his rescue, she was also assaulted by Shekh Arsad @ Asraf with 'iron rod' causing injury on her head. On alarm, neighbour came and in the meantime, Ataullah and Iffat Khatoon (the petitioner herein) snatched ear-ring worth Rs. 25,000/- and silver chain worth Rs. 8,000/- from the informant's daughter. Further, the injured persons were taken for treatment at Dhaka Hospital and thereafter, referred them to Sadar Hospital, Motihari for better treatment.

It has been submitted by learned counsel for the petitioner that she is a lady and the only allegation against her is of snatching ear-ring and silver ring, the other allegations are omnibus in nature.

Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Considering the fact that the petitioner is a lady and the issue relates to the quarrel between the children which resulted into the scuffle between the parties and the main allegation is against Shekh Arsad @ Asraf of giving 'iron rod' injury, this Court is inclined to extend her privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the

Patna High Court CR. MISC. No.64569 of 2022(2) dt.11-04-2023 3/3 order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka, Motihari, East Champaran in connection with Dhaka (Pachpakri) P.S. Case No. 254 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/Neha/- U T