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Patna High CourtCR. MISC./58698/2018bail granted

Noorjahan Khatoon @ Noorjahan v. The State Of Bihar

2018-10-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58698 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- Dandari District- Begusarai ====================================================== Noorjahan Khatoon @ Noorjahan, wife of Md. Jafar, Resident of Katahari, P.S.- Dandari, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. D.P.Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

03-10-2018 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioner and Sri D.P.Tiwary, learned Addl. Public Prosecutor.

The sole petitioner, who is a lady, apprehending her arrest in Dandari P.S. Case No. 24 of 2018 initially registered for offence under Sections 341, 323, 307, 379, 427, 504/34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added, has prayed for grant of bail in the event of her arrest or surrender.

Learned counsel for the petitioner, at the very outset, submits that there is case and counter case in between the parties. From the petitioner's side, initially a case was lodged, vide Dandari P.S. Case No. 23 of 2018, and subsequently the present F.I.R. was lodged. He further submits that in the present

Patna High Court Cr.Misc. No.58698 of 2018(3) dt.03-10-2018 2/2 case, all the family members were arrayed as accused, whereas petitioner has falsely been made accused in the F.I.R. with no accusation.

Learned Addl. Public Prosecutor has opposed the prayer.

However, considering the fact that petitioner is a lady as well as the fact that there is no specific accusation against her, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Noorjahan Khatoon @ Noorjahan be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Sweta Grewal, Sub-Divisional Judicial Magistrate, Begusarai in connection with Dandari P.S. Case No. 24 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T