Sakina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75781 of 2019 Arising Out of PS. Case No.-300 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

SAKINA KHATOON Wife of Anamul @ Anamul Haque @ Karo Resident of Village - Khaira Garhiya, P.S.- Narpatganj, District - Araria 2.

Gulabsa @ Gulabsa Khatoon Wife of Hasib @ Md. Hasib @ Md. Hasir Resident of Village - Khaira Garhiya, P.S.- Narpatganj, District - Araria 3.

Md. Hasib @ Md. Hasiv Son of Anamul @ Anamul Haque @ Karo Resident of Village - Khaira Garhiya, P.S.- Narpatganj, District - Araria 4.

Md. Afzal @ Md. Afzal Rahman Son of Anamul @ Anamul Haque @ Karo Resident of Village - Khaira Garhiya, P.S.- Narpatganj, District - Araria 5.

Anamul @ Anamul Haque @ Karo Son of Late Gani Mohammad Resident of Village - Khaira Garhiya, P.S.- Narpatganj, District - Araria 6.

Md. Naiyar @ Naiyar Son of Late Aiyub @ Aiyub Resident of Village - Khaira Garhiya, P.S.- Narpatganj, District - Araria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 341, 323, 324, 307, 354B, 379, 504/34 of the Indian Penal Code.

Informant has alleged that on account of dispute of fixing of electric pole FIR named accused assaulted and also tried to outrage her modesty and disrobed her. It is further alleged that petitioners also assaulted her husband, father-inlaw and brother-in-law causing injuries. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.75781 of 2019(3) dt.06-01-2020 2/2 both are neighbours and there is land dispute between them and the nature of injuries as sustained by the informant and family members are simple in nature as enclosed in the injury report as contained in Annexure- 3 series. There is case and counter case between the parties and for the same incident FIR has been instituted on behalf of petitioner No. 2 and the side of petitioners have also suffered injuries in said incident. Petitioners have no criminal antecedents.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Narpatganj P.S. Case No. 300 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T