Hasna Bano @ Husna Bano vs The State Of Bihar
2021 Latest Caselaw 2331 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 23638 of 2021
      Arising Out of PS Case No.-9 Year-2020 Thana- PRATAPGANJ District- Supaul
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Hasna Bano @ Husna Bano, aged about 49 years, Female Wife of Peer Mohammad Ansari, 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. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-06-2021

The matter has been heard via video conferencing.

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

motion slip filed by learned counsel for the petitioner yesterday,

which was allowed.

3. Heard Mr. Nafisuzzoha, learned counsel for the

petitioner and Mr. Narendra Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioner apprehends 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.23638 of 2021 dt.09-06-2021

5. The allegation against the petitioner is that their other

family members had assaulted the informant and her family

members and upon call they had also come and participated in the

assault.

6. Learned counsel for the petitioner submitted that she

is lady and her 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

her there is only general and omnibus allegation that she also

participated in the attack. It was submitted that besides having no

criminal antecedent, it is not believable that she 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 co-accused, Eid

Mohammad Ansari, 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. It was submitted that similarly situated co-accused

Jarina Khatoon @ Rubina Khatoon; Najma Praween @ Nagma

Parween and Jainab Praween have been granted anticipatory bail

by order dated 08.06.2021 passed in Cr. Misc. No. 5434 of 2021.

Patna High Court CR. MISC. No.23638 of 2021 dt.09-06-2021

7. Learned APP submitted that the petitioner is also said

to have participated in the attack. However, he did not controvert

that there is only general and omnibus allegation against the

petitioner.

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 petitioner 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 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 petitioner, (ii) that the

petitioner and the bailors shall execute bond and give undertaking

with regard to good behaviour of the petitioner and (iii) that the

petitioner 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 her bail bonds.

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

violation of the foregoing conditions of bail by the petitioner, to Patna High Court CR. MISC. No.23638 of 2021 dt.09-06-2021

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T