Patna High CourtCR. MISC./84904/2023dismissed

Bibi Gulesha Khatoon @ Gulesha Khatoon v. The State Of Bihar

2024-01-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84904 of 2023 Arising Out of PS. Case No.-475 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Bibi Gulesha Khatoon @ Gulesha Khatoon W/O Md.Ahmad @ Ahamad Ali R/O Inderpur, Ward No.12 P/S Chhatapur, Dist- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 308, 354(B), 379, 427, 504, 506/34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer

Patna High Court CR. MISC. No.84904 of 2023(2) dt.15-01-2024 2/2 for bail submits that the injuries found upon the victim is grievous in nature.

6. Considering the facts and circumstances of the case and the nature of injury, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for anticipatory bail is rejected in connection with Chhatapur P.S. Case No. 475 of 2022.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner is the female.

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