Khursheda Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.260 of 2018 Arising Out of PS.Case No. -65 Year- 2017 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Khursheda Begum, Wife of Abusar Alam, resident of Village- Mushara, Police Station- Tedhagachh, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioner apprehends her arrest in Terhagachh P.S. Case No.65 of 2017 registered under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. Later on Section 302 of IPC was added.

The informant alleged that son of Mustari Begum urinated in front of his house. On this, Khursheda Begum, the petitioner came and started quarrelling with her and also began to abuse. Absari Begum tried to persuade the matter but Abu Sar Alam assaulted Absari with Basula on her head and she was badly injured. The petitioner, Khursheda Begum, is alleged to have assaulted Sabera Khatoon. The learned counsel for the petitioner submits that petitioner is not assailant of Absari Begum, Abu Sar Alam assaulted with

Patna High Court Cr.Misc. No.260 of 2018 (2) dt.15-01-2018 2/2 Basula on her head on account of such injury, Abasari Begum died. The petitioner is said to have assaulted Absari but Sabera Khatoon did not receive any injury. The learned counsel for the informant could not be able to show that the petitioner assaulted the deceased. Considering the facts aforesaid as also the fact that the petitioner is lady and the nature of allegation made against the petitioner, the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged 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 Judicial Magistrate Ist Class, Kishanganj in connection with Terhagachh P.S. Case No.65 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Sanjeev/- U T