Sarfun Nesha @ Sarfu Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75504 of 2024 Arising Out of PS. Case No.-493 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Sarfun Nesha @ Sarfu Nesha W/o Munna Ansari Resident of vill - Pakhopali, PS- Uchkagaon, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Uchkagaon P.S. Case No. 493 of 2023, instituted under Sections 341, 323, 307, 504, 379, 506/34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence accused persons including the petitioner having armed with weapon came at the door of the informant and assaulted her causing injury. It is alleged that petitioner and coaccused Momina Khatoon snatched the ornaments from the informant and her mother.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute. No specific allegation is levelled

Patna High Court CR. MISC. No.75504 of 2024(2) dt.22-11-2024 2/2 against the petitioner. There is general and omnibus allegation against the petitioner. The injury on the injured is found to be simple in nature. Similarly situated co-accused persons, namely, Israfil Ansari and Rameez Raja @ Sebu Alam @ Sebu Ali have already been granted anticipatory bail by this Court vide order dated 11.09.2024 passed in Cr. Misc. No. 58074 of 2024. Petitioner has no criminal antecedent. She undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IXth, Gopalganj in connection with Uchkagaon P.S. Case No. 493 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T