Sakila Khatoon @ Bibi Sabila Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80308 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- JHANJHARPUR District- Madhubani ======================================================

1. Sakila Khatoon @ Bibi Sabila Khatoon and Ors W/o Md. Quddus.

2. Gulshan Perween @ Gulsan Prabeen, W/o Md. Jilani.

3. Amola Khatoon @ Amala Khatoon, W/o Md. Ashique @ Md. Anwarul Haque,

4. Bibi Khatoon @ Baby Khatoon @ Runa Kaiser @ Saba Kausar, W/o Nek Mohammad @ Sonu, All R/o Village- Piparauliya, P.S.- Jhanjharpur Arariya Sangram, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Talib Mustafa For the Informant :

Mr. Sanjay Kumar Jha For the State :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Jhanjharpur (Arariya Sangram) Police Station Case No. 83 of 2018, disclosing offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. The petitioners are female members of the same family who have been implicated in this case. There is general and omnibus allegation against these petitioners of assaulting the deceased with iron rod, danda etc.

Learned counsel, appearing on behalf of the

Patna High Court Cr.Misc. No.80308 of 2018(2) dt.24-01-2019 2/3 petitioners, has submitted that there is no specific allegation against either of these petitioners of any assault, which is evident from the First Information Report.

Learned counsel, appearing on behalf of the informant, has opposed his prayer for anticipatory bail and has submitted that anticipatory bail application filed on behalf of 4 accused persons has been rejected and, therefore, this application should also be rejected.

However, considering the nature of allegation in the First Information Report against these petitioners and the fact that they are female members of the same family, this application is allowed.

In view of the above submission, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Jhanjharpur (Arariya Sangram) Police Station Case No. 83 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.80308 of 2018(2) dt.24-01-2019 3/3 This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T