Laila Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3008 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- SONO District- Jamui ====================================================== 1.
Md. Naim Ali @ Naim Ali S/o- Md. Younis Ali @ Younus ali @ Md. Younus Resident of Village- Babudih PS- Sono District-Jamui 2.
Shabana Khatoon @ Sabbu Khatoon D/o- Md. Naim Ali @ Naim Ali Resident of Village- Babudih PS- Sono District-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3069 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- SONO District- Jamui ====================================================== 1.
Laila Khatoon W/o- Md. Nail Ali Resident of Village-Babudih PS- Sono District-Jamui 2.
Sabbu Khatoon D/o- Md. Naim Ali Resident of Village-Babudih PS- Sono District-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 3008 of 2025) For the Petitioner/s :
Mr.Niranjan Parihar For the Opposite Party/s :
Mr.Sanjay Kumar Singh (In CRIMINAL MISCELLANEOUS No. 3069 of 2025) For the Petitioner/s :
Mr.Niranjan Parihar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025
1. Since both these application arise out of same case, bearing Sono Police Station Case No. 56 of 2024, with the consent of the parties, both these applications are heard together.
2/4
2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. These applications, for grant of anticipatory bail, arise out of Sono Police Station Case No. 56 of 2024, dated 13.02.2024, disclosing offences punishable under Sections 341/323/325/308/504/506/34 of the Indian Penal Code.
4. The prosecution case, as per the First Information Report, is that on 31.01.2024, while the informant was going to bring medicines for herself, the petitioners, with common object, surrounded the informant, assaulted her by means of various weapons. It has been alleged that petitioners, namely, Laila Khatoon and Sabbu Khatoon assaulted the informant by means of lathi and knife respectively, due to which the informant sustained injuries on her head and her hand got fractured.
5. Learned Counsel for the petitioners submits that both the parties are neighbours and there was previous dispute between them inasmuch as Sono Police Station Case No. 125 of 2018, under Section 354B/504 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act, 2012 was lodged by petitioner Md.
3/4 Naim Ali against the son of the informant. Though the injuries have been discussed in the impugned order, but the nature of the injuries have not been described as serious and the First Information Report has been registered under Section 308 of the Indian Penal Code and not under Section 307 of the Indian Penal Code. He further submits that there is unexplained delay of about thirteen days in lodging the First Information Report.
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are neighbours, having previous dispute, serious injuries have not been brought on record by the prosecution and there is delay of thirteen days in lodging the First Information Report, I am inclined to grant the petitioners privilege of anticipatory bail.
7. These applications are, accordingly, allowed.
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class,
4/4 Jamui, in connection with Sono Police Station Case No. 56 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √