Koraishi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74517 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.

Koraishi Khatoon Wife of Sheikh Akhtar Resident of Village- Rajwara, P.S.- Taraiya, District- Saran at Chapra.

2.

Sarfuddin Son of Sheikh Koop Miyan Resident of Village- Rajwara, P.S.- Taraiya, District- Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Jeetendra Narayan, Advocate For the Opposite Party :

Mr.Prem Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379/506/34 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Informant has lodged this case in retaliation to the another case lodged by the son of petitioner no.1. Petitioners are alleged to have given lathi blow to the wife of the informant. Similarly situated coaccused Sonu Alam has already been allowed pre-arrest bail by a bench of this Court vide order dated 17.7.2019, passed in Cr.Mis.No. 34193/2019. There is land dispute and petitioners have no criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.74517 of 2019(2) dt.13-02-2020 2/2 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Saran at Chapra in Taraiya Police Station Case No. 28 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T