Jubaida Khatoon @ Zubaida Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70571 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.
JUBAIDA KHATOON @ ZUBAIDA KHATOON Wife of Manjara Alam @ Mojre Alam Resident of- Bahuara, Haribansh, Ward No.-15, Rajpur, East Champaran, Rajpur, P.O. and P.S.- Rajpur, Bihar- 845432 2.
NASRIN KHATOON @ NASHARIN KHATOON D/O Lal Mohamad, Wife of Sher Ali Resident of- Bahuara, Haribansh, Ward No.-15, Rajpur, East Champaran, Rajpur, P.O. and P.S.- Rajpur, Bihar- 845432 3.
HAMIDAN KHATOON @ BIBI GULSAN KHATOON Wife of Md. Nasarudin @ Bhola Miya Resident of- Bahuara, Haribansh, Ward No.-15, Rajpur, East Champaran, Rajpur, P.O. and P.S.- Rajpur, Bihar- 845432 4.
GUDIYA KHATOON @ GURIYA KHATUN Wife of Mojare Alam @ Mahfuj Alam Resident of Village- Bahuara Haribans, P.S.- Kalyanpur, P.O.- Kalyanpur, District- East Champaran, Bihar 5.
JUBAIDA KHATOON @ ANGURI KHATOON Wife of Tabrej Alam, D/O Isa Mohammad Resident of Villag- Bahuara, Haribans, P.O. and P.S.- Kalyanpur, District- East Champaran, Bihar 6.
HALIMAN KHATOON @ HALIMA KHATUN Wife of Ash Miya @ Ash Mohammad Resident of- Bahuara, Haribansh, Ward No.-15, Rajpur, East Champaran, Rajpur, P.O. and P.S.- Rajpur, Bihar- 845432 7.
HALIMAN KHATOON @ HALIMAN KHATUN Wife of Aashi Mohamad Resident of Village- Bahuara Haribans, P.S.- Kalyanpur, P.O.- Kalyanpur, District- East Champaran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Nath, Advocate.
For the Opposite Party/s :
Mr.Ramchandra Sahni, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-04-2023 Heard Mr. Ashutosh Nath, learned counsel appearing on behalf of the petitioners and Mr. Ramchandra Sahni, learned A.P.P. for the State.
2. The petitioners seek pre-arrest bail in connection with Kalyanpur P.S. Case No. 167 of 2022 for the offence
Patna High Court CR. MISC. No.70571 of 2022(2) dt.10-04-2023 2/3 punishable under Sections 147, 148, 149, 341, 323, 324, 307, 353, 332, 504, 120B and 427 of the Indian Penal Code.
3. All the F.I.R. named accused persons and 100 unknown persons including these petitioners under a criminal conspiracy attacked on the police forces, due to which the informant and police officials sustained injuries. They also damaged the government vehicle and caused hindrance in performing the official duty of the government officials.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case at the instance of a land broker. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that petitioners are not named in the F.I.R. Similarly situated co-accused namely Gulam Miya, Ayub Miya, and others have been enlarged on anticipatory bail by different co-ordinate Benches of this Court. Petitioners have no criminal antecedent as mentioned in para-3 of the bail application.
5. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from
Patna High Court CR. MISC. No.70571 of 2022(2) dt.10-04-2023 3/3 today, on furnishing bail bondof Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-III cum ACJM, Motihari in connection with Kalyanpur P.S. Case No.167 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Purnendu Singh, J) mantreshwar/- U T