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Patna High CourtCR. MISC./57256/2018bail granted

Nisrat Kahtoon @ Nasrat Khatoon v. The State Of Bihar

2018-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57256 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Nisrat Kahtoon @ Nasrat Khatoon, Wife of Md. Samsher, Resident of Village- Amahi, P.S.- Ghoghardiha, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Ghoghardiha P.S. Case No. 50 of 2018 registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.

Petitioner is a young lady and the first information report reflects that it were co-accused, Md. Tajmuddin, Md. Usman, Md. Gulzar and Md. Zameer who assaulted the deceased and so far as petitioner is concerned, there is omnibus allegation that she along with other female accused assaulted the informant and others. Therefore, it is obvious that there is no allegation against the petitioner that she, too, assaulted the deceased.

Patna High Court Cr.Misc. No.57256 of 2018 (2) dt.20-09-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the allegation levelled against the petitioner as well as this aspect of the matter that she is a young lady, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her 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) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani in Ghoghardiha P.S. Case No. 50 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T