Aashma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70258 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Aashma Khatoon W/O Md. Mustafa R/O Village- Bahuara Haribansh P.SKalayanpur District- East Champaran 2.

Amana Khatoon W/O Aash Mohammad R/O Village- Bahuara Haribansh P.S- Kalayanpur District- East Champaran 3.

Md. Junaid S/O Late Md. Islam R/O Village- Bahuara Haribansh P.SKalayanpur District- East Champaran 4.

Aash Ali @ Md. Asif S/O Late Bechi Mian R/O Village- Bahuara Haribansh P.S- Kalayanpur District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kalayanpur P.S. Case No. 167 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 353, 332, 504,120B, 427 of the Indian Penal Code . The prosecution case is based on a written report by the informant alleging therein that one Jubaid Khatoon has forcefully lived in the house and when the informant asked to vacate the house, then all the FIR name accused persons and 100 unknown persons including the petitioners attacked on the police party and informant with lathi danda and bricks due to

Patna High Court CR. MISC. No.70258 of 2022(2) dt.21-03-2023 2/3 which the informant and police officials sustained injuries. It is submitted by the learned counsel for the petitioners that they are innocent and have falsely been implicated in this case. There is general and omnibus allegation and no specific overt act has been levelled against the petitioners. It appears from the impugned order that the informant sustained injuries caused by hard and blunt substance which is simple in nature .Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on 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 Chief Judicial Magistrate, Motihari, East Champaran in Kalyanpur P.S. Case No. 167 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T

Patna High Court CR. MISC. No.70258 of 2022(2) dt.21-03-2023 3/3