Gulshan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70355 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- HASANGANJ District- Katihar ====================================================== GULSHAN KHATOON WIFE OF MD. AFROJ RESIDENT OF VILLAGEHASANGANJ, PS- HASANGANJ, DIST- KATIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Adv.
For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2.
Petitioner is apprehending her arrest in connection with Hasanganj P.S. Case No.122 of 2022, registered for the offence punishable u/s 302, 120(B)/34 of the IPC.
3.
Allegation on petitioner is that she along with other coaccused persons brutally assaulted the son of the informant, who died in course of treatment.
4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. No such occurrence, in the manner as alleged has ever taken place. She has been falsely implicated in this case due to village politics. It is submitted that there is no specific overt act against the petitioner and at best she can be said to be a member of the
Patna High Court CR. MISC. No.70355 of 2023(2) dt.10-11-2023 2/2 mob. Petitioner has no criminal antecedent and she is a lady. 5.
Learned APP for the State opposed the prayer for bail by submitting that the process under section 82 and 83 Cr.P.C. has been issued against the petitioner.
6.
Considering the aforesaid facts and circumstances and that the process u/s 82 and 83 Cr.P.C. has been issued, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on her behalf is hereby rejected. 7.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T