Samima Khatoon @ Samima Begum And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3275 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ===========================================================
1. Samima Khatoon @ Samima Begum Daughter of Mohammad Jalil @ Jalil Ahmad @ Jamil Miya & Wife of Sk. Afroj Resident of Village - Bherihari, P.S. - Purushottampur, District - West Champaran (Bihar).
2. Shamsha Khatoon @ Shamsha Begum Wife of Mohammad Jalil @ Jalil Ahmad @ Jamil Miya
3. Nasima Khatoon @ Nasima Begum Daughter of Mohammad Jalil @ Jalil Ahmad @ Jamil Miya & Wife of Sk. Akhtar
4. Tabassum Ara Daughter of Mohammad Jalil @ Jalil Ahmad @ Jamil Miya & Wife of Sk. Jafir Sl. No. 2 to 4 are residents of Village /Mohalla - Shivganj, Ward No. 7, Narkatiaganj, P.S. - Shikarpur, District - West Champaran (Bihar). .... .... Appellant/s
Versus
1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Rakesh Kumar, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-09-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 30.05.2018 in A.B.P. No.691 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran, Bettiah in connection with Shikarpur P.S.Case No.
of registered under Sections 341,323,324/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act. The offences of the Indian Penal Code alleged against
Patna High Court CR. APP (SJ) No.3275 of 2018 dt.07-09-2018 2/2 the appellants are bailable. Appellants are female. Appellants have stated on oath that they have got no criminal antecedent. Considering the aforesaid material, in my view, the appellants deserve anticipatory bail, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.
20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.09.2018 Transmission Date 10.09.2018