Nasara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1884 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

Nasara Khatoon, W/O Mustaque, Resident of village- Siswa, P.S.- Parihar, District- Sitamarhi.

2.

Gajla Khatoon @ Gajala Khatoon @ Gajala Praween, W/O Md. Asif Ali @ Md. Asif, Resident of village- Siswa, P.S.- Parihar, District- Sitamarhi. 3.

Mustari Khatoon, W/O Md. Nasir Ali, Resident of village- Siswa, P.S.- Parihar, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is alleged that on account of land dispute, these petitioners along with other F.I.R. named accused persons, on 15.07.2022, inflicted assault to both the sons of the informant by means of lathi, danda as a result of which, one of the sons of the informant namely, Md. Gulrej died during course of the treatment.

Patna High Court CR. MISC. No.1884 of 2023(4) dt.10-04-2023 2/2 Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to land dispute. He next submits that specific accusation of assault is against co-accused Md. Asif Ali and Nasir Ali and so far these petitioners are concerned, allegation of inflicting assault against them is general and omnibus. Petitioners are ladies and have got clean antecedent. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Judicial Magistrate, 1st Class, Sitamarhi in Parihar P. S. Case No. 181 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.