Babul And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53569 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- AMAUR District- Purnia ======================================================

1. Babul, S/o Md. Rajabul,

2. Bibi Rako @ Bibi Rakima Khatun, W/o Md. Rajabul,

3. Bibi Manjari @ Manjari W/o Babul, R/o Vill.- Idgah Tola Bagdhar, P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.1 as the petitioner No.1 has been taken into judicial custody.

Permission is accorded.

The application on behalf of petitioner No.1 is dismissed as withdrawn.

Heard learned counsel for the petitioners No.2 and 3 and learned APP for the State.

The petitioners No.2 and 3 are apprehending their arrest in a case registered under Sections 341, 323, 325, 427, 307, 452, 504, 506/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons assaulted the father and brother of the informant by iron rod, due to which his father and brother sustained bleeding injuries on their

Patna High Court Cr.Misc. No.53569 of 2018(3) dt.05-10-2018 2/2 heads. The petitioners assaulted the sisters of the informant, namely, Nazra Khatoon and Soni, due to which Nazra Khatoon sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are ladies. The petitioners are alleged to have assaulted the sister of the informant. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. On behalf of the State, it is submitted that the petitioners No.2 and 3 are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners No.2 and 3, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. case No.110 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T