Partly allowed

Shahajahan Khatoon v. The State of Bihar

Patna HC17 Dec 2019CR. MISC./66846/2019

Case brief

AI extract

What is this about?

In an anticipatory bail application arising from offences under IPC Sections 341, 323, 324, 307, 354(B) and 504, the High Court granted anticipatory bail to petitioner no. 1 upon surrender with conditions, while declining to grant it to petitioner no. 2.

What did the court decide?

Release on bail for petitioner no. 1 subject to surrender within six weeks and furnishing bail bond with sureties; petitioner no. 2 directed to surrender for regular bail.

Shahajahan Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66846 of 2019

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Arising Out of PS. Case No.-124 Year-2019 Thana- BARGAINIA District- Sitamarhi

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======================================================

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SHAHAJAHAN KHATOON Wife of Md. Saddam Resident of Village - Marpa Tahir, P.S.- Bairganiya, District - Sitamarhi.

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Md. Saddam Son of Jahurdin @ Jahayachhudin Mian Resident of Village - Marpa Tahir, P.S.- Bairganiya, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.Md. Matloob Rab ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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3 17-12-2019

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This application, for grant of anticipatory bail, arises out of Bairgania P.S. Case No. 124 of 2019, disclosing offences under Sections 341, 323, 324, 307, 354(B) and 504 of the Indian Penal Code.

¶14

Prosecution case is that petitioners came tot he darwaza of the informant and considering the informant as informer of the police, who got the Nepali saufi liquor seized and on the order of petitioner no. 1, petitioner no. 2 assaulted him by means of knife and there is allegation of giving repeated blow on the informant and when the wife of informant came, petitioner no. 2 got her naked.

¶15

Submission of learned counsel for the petitioners is that earlier to lodging of the present case by the informant, a case has been lodged by petitioner no. 2 against the informant and only to

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Patna High Court CR. MISC. No.66846 of 2019(3) dt.17-12-2019 2/2

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save his skin, the informant has come out with this false case and further the injury is not on vital part of the body.

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Heard learned A.P.P. also.

¶19

Having heard both sides, so far petitioner no. 1 is concerned, considering the facts and circumstances of the case, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case No. 124 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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So far petitioner no. 2 is concerned, I am not inclined to grant him the privilege of anticipatory bail. He has to surrender before the court below and pray for regular bail, which will be disposed of by the court below on the merit of the case.

¶21

This application is accordingly disposed of.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

¶24

U T

Shahajahan Khatoon v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shahajahan Khatoon v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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