Husaina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76187 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Husaina Khatoon W/O Jiyauddin @ Md. Jiyauddin Resident of VillageThuthi, P.S.- Chautham, District-Khagaria 2.

Md. Jiyauddin @ Jiyauddin S/o- Ajruluddin resident of village- thuthi psChautham District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv Mr. Manoj Kumar, Adv Ms. Pooja Prasad, Adv For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506, 354B of the Indian Penal Code. 3.

As per the FIR, the petitioners and other co-accused persons assaulted the informant's side on account of a dispute. The accused persons also snatched money from the money from a motorcycle and also looted away the household articles of the informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.76187 of 2024(2) dt.18-11-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. Earlier the petitioner's side has filed a case against the petitioner on 04.06.2024 and later on the informant filed the present case against the petitioners on 06.06.2024. Petitioner no.1 has one criminal antecedent and petitioner no.2 has two criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, since there is a land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chautham P.S. Case No.173 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T