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Patna High CourtCR. MISC./3380/2024dismissed

Sajiya Khatoon And Another v. The State Of Bihar

2024-04-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3380 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- RUDRAPUR District- Madhubani ====================================================== 1.

Sajiya Khatoon And Another WIFE OF MD. TAUQEER RESIDENT OF VILL- HARNA, P.S.- RUDRAPUR, DISTT- MADHUBANI 2.

SAHNAJ BEGUM WIFE OF MD. TAHSIN RESIDENT OF VILLHARNA, P.S.- RUDRAPUR, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard Mr. Ramchandra Jha Raman, learned counsel for the petitioners as well as Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Rudrapur P.S. Case No.123 of 2023, registered for the offence punishable under Sections 147, 148, 149, 224, 225, 353, 324, 341, 323, 307, 354, 355, 332, 333, 216, 509 of the Indian Penal Code.

3. As per the FIR, when the informant along with 14 police personnel went to arrest one Md. Taukir, who is an accused in other case, then the petitioners of present case assaulted the police party including the informant.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.3380 of 2024(3) dt.16-04-2024 2/2 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law considering that the petitioners are ladies.

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