Mashuma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2261 of 2024 Arising Out of PS. Case No.-6 Year-2023 Thana- MAHILA PS District- Gopalganj ====================================================== 1.
Mashuma Khatoon, wife of Irshad Alam, Village- Lodhi Bazar, P.S.- Jamo Dist- Siwan 2.
Saniya Khatoon, D/o- Safayet Ali, Village- Lodhi Bazar, P.S.- Jamo DistSiwan 3.
Hasarun Begum, wife of Safayet Ali, Village- Lodhi Bazar, P.S.- Jamo DistSiwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-01-2024 Heard Mr. Saurabh Kumar, learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Gopalganj Sadar Mahila P.S. Case No. 06 of 2023 registered for the offences under Sections 341, 323, 307, 342, 504, 506/34 of the Indian Penal Code.
3. Allegation against the petitioners is of assault to the informant by means of fists and slaps and iron rod, due to which he sustained serious injuries.
4. It is submitted on behalf of the petitioners that petitioner no.1 is non-else, but the daughter-in-law of the
Patna High Court CR. MISC. No.2261 of 2024(2) dt.31-01-2024 2/3 informant, who had instituted Gopalganj Sadar Mahila P.S. Case No. 05 of 2023 against the informant and others under Section 498(A) and other allied Sections of the Indian Penal Code and the present case is nothing, but a counter blast to that case and the petitioner nos. 2 and 3 are sister and mother of petitioner no.1. Further submission has been made that the present case is nothing, but instituted only in order to wreak vengeance against the petitioners because of the institution of the earlier case under Section 498(A) and other allied sections of the Indian Penal Code. Moreover, all the petitioners are home maker, having fair antecedent, and they undertake that they will fully cooperate in the investigation or in the proceedings of the court. Learned counsel for the petitioners lastly submits that no injury has sustained to the informant.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that there is no injury and prior to the institution of the present case, there had been a case instituted by the petitioner no.1, coupled with their fair antecedent, let the petitioners, named above, in the event of their arrest or surrender before the court below within four
Patna High Court CR. MISC. No.2261 of 2024(2) dt.31-01-2024 3/3 weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj Sadar Mahila P.S. Case No. 06 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J) uday/- U T