Baby Khatoon vs The State Of Bihar
2021 Latest Caselaw 3103 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No. 37145 of 2020
     Arising Out of PS. Case No.-263 Year-2019 Thana- SIMRI BAKHTIYARPUR District-
                                           Saharsa
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1. Baby Khatoon, aged about 18 years, Female, Daughter of Late Mojeem.

2. Farida Khatoon, aged about 60 years, Female, wife of Late Mojeem. Both resident of Village -Hussain Chowk, P.S.-Simri Bakhtiyarpur, District- Saharsa.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the State : Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Uday Chand Prasad, learned counsel for

the petitioners and Mr. Arvind Kumar Pandey, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioners apprehend arrest in connection with

Simri Bakhtiyarpur PS Case No. 263 of 2019 dated 05.07.2019,

instituted under Sections 147/149/302 of the Indian Penal Code.

4. The allegation against the petitioners and other

family members is of assault on the informant, his daughter and

brother, who later succumbed to his injuries. Patna High Court CR. MISC. No. 37145 of 2020 dt.06-07-2021

5. Learned counsel for the petitioners submitted that

the petitioners are ladies and the allegation is that they had also

assaulted by lathi and danda along with the male family

members and thus it is obvious that they have been implicated

only to involve the whole family. It was submitted that when the

male members were already in a fight, there was no occasion for

the petitioners to intervene, especially since the petitioner no. 1

is aged 18 years and petitioner no. 2 is a widow of 60 years.

Learned counsel submitted that the petitioners have no other

criminal antecedent.

6. Learned APP submitted that the petitioners have

also assaulted and there has been death of one person. However,

it was not disputed that against the petitioners the allegation of

assault is general and omnibus.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Chief Judicial Magistrate, Saharsa in Simri

Bakthiyarpur PS Case No. 263 of 2019, subject to the conditions Patna High Court CR. MISC. No. 37145 of 2020 dt.06-07-2021

laid down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioners, (ii) that the petitioners and the bailors

shall execute bond and give undertaking with regard to good

behaviour of the petitioners, and (iii) that the petitioners shall

cooperate with the Court and police/prosecution. Any violation

of the terms and conditions of the bonds or the undertaking or

non-cooperation shall lead to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners,

to the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T