Ruksana @ Ruksana Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52521 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -RANIGANJ District- ARRARIA ======================================================

1. RUKSANA @ RUKSANA KHATOON, W/o Jamiluddin.

2. Saiyadav @ Sabida Khatoon, W/o Sakil. All residents of village - Bistoriya Tola - Dumaria, P.S. - Raniganj, District - Araria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Gopal Kumar Jha, Advocate. For the Opposite Party : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 447, 341, 323, 379, 354(B), 307, 506 and 504 of the IPC.

The prosecution story, in brief, is that the accused persons were constructing house in the land in question. The husband of the informant protested then the accused persons assaulted the husband of the informant and his family members. Co-accused Jamiluddin also assaulted with Dabia blow on the head of the informant's husband. Accused persons also snatched the house hold articles of Rs. 60,000/-from the house of the informant.

Patna High Court Cr.Misc. No.52521 of 2018 (2) dt.10-09-2018 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. As far as offence under Section 354(B) of the IPC is concerned, the same is superficial in nature. Injury is said to be simple. Hence, no offence under Section 307 of the IPC is made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Raniganj P.S. Case No. 123 of 2018 (G.R. No. 1355/2018) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T