Rojida Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15800 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================
1. Rojida Khatoon, W/o Ali Hussain @ Md. Ali Hasan, resident of village - Kurandi Gola, P.S. - Dhamdaha, Distt. - Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 02-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends her arrest in Dhamdaha P.S. Case No.182 of 2016 instituted for the offence under Section(s) 323, 341, 338, 354, 307/34 Indian Penal Code. It is alleged that the petitioner along with other accused persons having armed with Lahti, Danda assaulted the mother of the informant and when brother of the informant, namely, Dilkash, came to save her then he was also assaulted. It has been submitted on behalf of the petitioner that other co-accused with similar allegation has been granted anticipatory bail by this Court by order dated 09.02.2017 passed in Cr. Misc. No.3525 of 2017.
In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.15800 of 2017 (2) dt.02-05-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dhamdaha P.S. Case No.182 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.