Sabera And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23812 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Sabera Wife of Asreful

2. Rubi Wife of Zulfekar

3. Naseda Wife of Jabadul

4. Bhojani Wife of Serajul All residents of Village - Mohammadpur, P.S. Baisi, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kumari Ritambhara For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 341 and 307 of the Indian Penal Code. The prosecution case as per the written report of Md. Saidul dated 19.05.2017 submitted to the Station House Officer, Baisi P.S. is to the effect that the accused persons kept their tractor and other agriculture equipments on the land of the informant, with an intention to grab the land, and when protest

Patna High Court Cr.Misc. No.23812 of 2018 (2) dt.26-04-2018 was made then the accused abused and assaulted the mother of the informant. The specific accusation of assault is against Rakim and Asarful, who assaulted to the mother of the informant, with farsa.

It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. The mother of the informant has received only one incised wound. However, injury has been found to be grievous, but the said injury is specifically attributed against Rakim and Asarful. There is no specific accusation against the petitioners, who are lady members and other accused persons have been granted anticipatory bail vide Cr. Misc. Nos. 37275 of 2017 and 51713 of 2017 by different coordinate Benches of this Court.

Learned APP, however, submits that the petitioners are named in the FIR.

Considering the fact that the accusation of assault is specific against Rakim and Asarful and that petitioners are ladies and are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of

Patna High Court Cr.Misc. No.23812 of 2018 (2) dt.26-04-2018 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 90 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T