Jarina Khatoon @ Rubina Khatoon ... vs The State Of Bihar
2021 Latest Caselaw 2297 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 5434 of 2021
           Arising Out of PS Case No.-9 Year-2020 Thana- PRATAPGANJ District- Supaul
      ======================================================

1. Jarina Khatoon @ Rubina Khatoon, aged about 22 years, Female, Daughter of Eid Mohammad Ansari.

2. Najma Praween @ Nagma Parween, aged about 28 years, Wife of Md.

Salauddin Ansari.

3. Jainab Praween, aged about 22 years, Female, Wife of Md. Alauddin Ansari @ Md. Alauddin.

All are resident of Village - Bhawanipur Uttar, Duaniya, PS- Pratapganj, District- Supaul.

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

      For the Petitioner/s    :        Mr. Nafisuzzoha, Advocate
      For the State           :        Mr. Md. Sufiyan, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-06-2021

The matter has been heard via video conferencing.

2. The matter has been heard out of turn on the basis of

motion slip filed by learned counsel for the petitioners yesterday,

which was allowed.

3. Heard Mr. Nafisuzzoha, learned counsel for the

petitioners and Mr. Md. Sufiyan, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with

Pratapganj PS Case No. 09 of 2020 dated 23.01.2020, instituted

under Sections 341, 447, 323, 324, 325, 379, 354A, 504 and

506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.5434 of 2021 dt.08-06-2021

5. The allegation against the petitioners is that their

other family members had assaulted the informant and her family

members and upon call they had also come and they had also

participated in the assault.

6. Learned counsel for the petitioners submitted that

they are ladies and their name has been included only because of

the rivalry between the two families who are neighbours and there

is dispute of land between them. It was submitted that the entire

family members, including four womenfolk have been named and

against them there is only general and omnibus allegation that

they also participated in the attack. It was submitted that besides

having no criminal antecedent, it is not believable that they would

also assault the informant side when already the male members

are said to have committed the act of assault against the informant

and her family members. Learned counsel submitted that father of

petitioner no. 1 has also filed a counter case, being Pratapganj PS

Case No. 10 of 2020 under Sections 341, 323, 324, 447, 379,

354(A), 504, 506/34 of the Indian Penal Code with regard to the

same incident.

7. Learned APP submitted that the petitioners are also

said to have participated in the attack. However, he did not Patna High Court CR. MISC. No.5434 of 2021 dt.08-06-2021

controvert that there is only general and omnibus allegation

against the petitioners.

8. 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 SDJM, Birpur at Supaul in Pratapganj PS Case No. 09 of

2020, 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 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 co-operate with the

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or the undertaking or failure to co-operate

shall lead to cancellation of their bail bonds.

9. 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 Patna High Court CR. MISC. No.5434 of 2021 dt.08-06-2021

action on the same after giving opportunity of hearing to the

petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T