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Patna High CourtCR. MISC./70305/2023bail granted

Noor Bano v. The State Of Bihar

2023-11-01Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70305 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- RANIGANJ District- Araria ====================================================== NOOR BANO Wife of Md. Mitthu @ Ali Akbar R/o vill - Dumaria, Purb Tola, Ward no. 10, P.S. - Raniganj, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Raniganj P.S. Case No. 451 of 2022, dated 10.12.2022, registered for the offence punishable under Sections 447, 341, 323, 307, 325, 504 of the Indian Penal Code.

3. The case of prosecution, in short, is that a quarrel had taken place between the wife of informant namely Sain Praveen @ Fiza and his Bhabhi namely Noor Bano on account of grazing of she-goat. It is further alleged that the Bhabhi of the Informant namely Noor Bano brought the son of the informant Ayan, on the Terrace of the house and tried to press his neck, but due to hulla accused Noor Bano pushed his son in the water tank of bathroom. It is further alleged that due to fallen in the water

Patna High Court CR. MISC. No.70305 of 2023(2) dt.01-11-2023 2/3 tank, his son sustained injury on his nose and head. The bone of his right hand was fractured, thereafter the injured boy was treated at Sadar Hospital, Raniganj and referred to Sadar Hospital, Araria for better treatment. On previous occasion also accused Noor Bano also thrown his son in a pond, which is adjacent to his house with intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the bhabhi of the informant. The present case has been lodged after one month of the date of occurrence. There is no explanation mentioned in the F.I.R. From perusal of the impugned order, it is apparent that till date no injury report with regard to injury of the victim boy has been placed on record. The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail to the petitioner.

6. Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.70305 of 2023(2) dt.01-11-2023 3/3 each to the satisfaction of learned S.D.J.M, Araria in connection with Raniganj P.S. Case No. 451 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) pravinkumar/- U T