← Library
Patna High CourtCR. MISC./77572/2024allowed

Kausar Khatoon v. The State Of Bihar

2024-11-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77572 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- TANKUPPA District- Gaya ====================================================== 1.

KAUSAR KHATOON W/O JUMAN HUSSAIN @ ZUMAN MIAN R/o vill - Bartara, P.S. - Tankuppa, Distt.- Gaya 2.

Jakir @ Jakir Hussain S/o Juman Mian @ Juman Hussain R/o vill - Bartara, P.S. - Tankuppa, Distt.- Gaya 3.

Gulshan Khatoon W/o Shamshad Alam @ Shamshad R/O VILLAGEJAMHETA, P.S.- FATEHPUR, DISTRICT- GAYA ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 447, 448, 325, 307, 504 & 506 of the Indian Penal Code.

3. While the informant was taking meal at his residence, in the meantime, the petitioners along with other co-accused, who are agnates of the petitioners, after committing lurking house trespassed and assaulted the father of the informant by means of lathi, danda and iron rod and the teeth of the father of the informant got uprooted during course of scuffle. They also committed theft in the house of the informant.

Patna High Court CR. MISC. No.77572 of 2024(2) dt.20-11-2024 2/2

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are next door neighbours and there is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioners as well as the fact that both the parties are agnates and there is land dispute, 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 lower Court where the case is pending/successor Court in connection with Tankuppa P.S. Case No.73 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T