Allowed

Edi Khatoon v. The State of Bihar

Patna HC20 Feb 2020CR. MISC./81912/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to two petitioners accused of assault and attempt to murder along with others. The order released them on bail subject to their surrender or arrest within 12 weeks and furnishing a bail bond with sureties under Section 438(2) Cr.P.C.

What did the court decide?

Released on anticipatory bail within 12 weeks or on arrest/surrender, on furnishing a bond of Rs. 10,000 each with two sureties of like amount.

Edi Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81912 of 2019

¶2

Arising Out of PS. Case No.-118 Year-2019 Thana- LAURIA District- West Champaran

¶3

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

¶4

EDI KHATOON, W/o Sadik Mian, R/o village- Harpur Barwa, P.S.Lauriya, District- West Champaran

¶5

Sadik Mian, S/o Late Ansin Mian, R/o village- Harpur Barwa, P.S.- Lauriya, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

¶11

2 20-02-2020 Heard learned Counsel for the petitioners and learned APP for the State.

¶12

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, and 379/34 of the Indian Penal Code.

¶13

The prosecution case got initiated on the Fardbeyan of Dilip Sah, recorded by S.I., D.N. Prasad, Town P.S., Bettiah on 14.06.2019 at 12.05 P.M. at Surgical Ward M.J.K. Hospital, to the effect that on 13.06.2019 at 7.00 P.M., the informant was sitting at his door, in the meantime, co-villager, Naim Mian and petitioner No. 1, Edi Khatoon started fighting with each other, when the informant asked them not to create such a scene in

¶14

Patna High Court CR. MISC. No.81912 of 2019(2) dt.20-02-2020 2/3

¶15

front of his house, whereupon four accused persons, including the petitioners, came armed with lathi and farsa and thereafter, co-accused, Saim Mian assaulted on the head of the informant with a farsa causing bleeding injury and the other co-accused assaulted him with lathi.

¶16

It is submitted by learned counsel for the petitioners that the specific accusation of assault is against co-accused, Saim Mian while the accusation of assault against the petitioners and others are omnibus and general. Moreover, the impugned order does not suggest that any grievous injury has been caused to anyone, rather, it suggests only one injury, i.e. lacerated wound on left parietal region which is alleged to have been caused by co-accused, Saim Mian.

¶17

It is submitted by learned APP for the State that the petitioners are also alleged to have assaulted the informant.

¶18

Considering the specific accusation of assault against coaccused, Saim Mian and the genesis of the occurrence, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, West

¶19

Patna High Court CR. MISC. No.81912 of 2019(2) dt.20-02-2020 3/3

¶20

Champaran, Bettiah, in connection with Lauriya P.S. Case No.118 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶21

(Dinesh Kumar Singh, J)

¶22

Ashwini/-

¶23

U T

Edi Khatoon v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Edi Khatoon v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sukesh Rai Vs The State of Bihar

Shesh Nath Dwivedi @ Tinku Vs The State of Bihar

Md. Shamshad Alam Vs The State Of Bihar

Ajay Kumar Jha Vs the State of Bihar

Sunny Kumar Vs The State of Bihar

Sabana Nesha @ Sabana Khatoon Vs The State of Bihar