Patna High Court
Bibi Sairun vs The State Of Bihar on 23 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37758 of 2020
Arising Out of PS. Case No.-667 Year-2019 Thana- AMARPUR District- Banka
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1. Bibi Sairun, aged about 56 years, Female Wife of Late Ameen.
2. Bibi Jamunee @ Bibi Jumanee, aged about 40 years, Female Wife of
Arshad Both resident of Village- Dhimera, PS Amarpur, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate
For the State : Mr. Dashrath Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 23-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. Brij Nandan Prasad, learned counsel for
the petitioners and Mr. Dashrath Mehta, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. Learned counsel for the petitioners submitted that he
may be permitted to withdraw the petition on behalf of petitioner
no. 1, namely, Bibi Sairun, as she has been arrested.
4. In view thereof, as prayed for by learned counsel for
the petitioners, the petition on behalf of petitioner no. 1, namely
Bibi Sairun, stands disposed off as withdrawn and is restricted to
petitioner no. 2, namely, Bibi Jamunee @ Bibi Jumanee.
5. The petitioner no. 2 apprehends arrest in connection
with Amarpur PS Case No. 667 of 2019 dated 20.12.2019,
Patna High Court CR. MISC. No.37758 of 2020 dt.23-07-2021
instituted under Sections 341, 323, 307, 354B, 379, 504 and
506/34 of the Indian Penal Code.
6. The allegation against the petitioner no. 2 and others
is of assault and specifically against the petitioner no. 2 is of
snatching gold ear ring of the informant weighting about 8 bhar.
7. Learned counsel for the petitioners submitted that the
case is false and concocted and the issue is of a very trivial nature
i.e., dispute between the children of the two sides. Learned
counsel submitted that even on merits, the only allegation against
the petitioner no. 2 is that she snatched the gold ear ring weighing
8 bhar from the informant, which clearly is a cosmetic addition as
entire family members have been made accused and to make out a
case, individual acts have been assigned to such persons. It was
submitted that besides being a lady, the petitioner no. 2 has no
criminal antecedent.
8. Learned APP submitted that assault has taken place
and the petitioner no. 2 was very much present and part of the
group which had committed such crime.
9. 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 petitioner no. 2 namely, Bibi Jamunee @
Patna High Court CR. MISC. No.37758 of 2020 dt.23-07-2021
Bibi Jumanee, be released on bail upon furnishing bail bonds of
Rs. 25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka in Amarpur PS Case No. 667 of 2019, subject
to the conditions 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 petitioner no. 2 and (ii) that the
petitioner no. 2 shall co-operate with the police/prosecution and
the Court. Failure to co-operate shall lead to cancellation of her
bail bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner no.
2, to the notice of the Court concerned, which shall take
immediate action on the same after giving opportunity of hearing
to the petitioner no. 2.
11. The petition stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
