Dismissed

Samima Khatoon v. The State of Bihar

Patna HC22 Jun 2023CR. MISC./15074/2023

Case brief

AI extract

What is this about?

The Patna High Court granted permission to withdraw the anticipatory bail application of the first petitioner. The court also rejected the prayer for anticipatory bail for the remaining petitioners in a case involving alleged assault, citing potential impact on a minor informant.

What did the court decide?

Permission to withdraw the application for petitioner no.1 granted; anticipatory bail rejected for petitioner nos. 2 and 3.

Samima Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15074 of 2023

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Arising Out of PS. Case No.-141 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga

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

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Samima Khatoon Wife of Mohammad Mohid @ Md. Mojahib Resident of village - Ruhelaganj Kadirabad Pili Maszid Ward No.- 05, P.S.- L.N.M.U., District - Darbhanga

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Mohammad Iftekhar @ Md. Manni Son of Mohammad Tasleem Resident of village - Ruhelaganj Kadirabad Pili Maszid Ward No.- 05, P.S.- L.N.M.U., District - Darbhanga

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Mohmmad Irshad @ Raju @ Md. Irshad Son of Mohammad Tasleem Resident of village - Ruhelaganj Kadirabad Pili Maszid Ward No.- 05, P.S.L.N.M.U., District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 22-06-2023 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1, namely, Samima Khatoon.

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Permission is accorded.

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Accordingly, the present anticipatory bail application with respect to petitioner no.1 is dismissed as withdrawn.

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The petitioner nos. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 341,

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Patna High Court CR. MISC. No.15074 of 2023(3) dt.22-06-2023 2/3

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323, 354, 427, 324, 307 and 34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Md. Sameer used to tease his minor daughter which he was objecting, it is next alleged that since the act of Sameer was being objected as such Md. Manni (petitioner no.2) and Md. Raju (petitioner no.3) assaulted the informant by an iron rod causing injury on head and Md. Sameer assaulted his differently-abled son and Sameema Khatoon along with Chanti Khatun assaulted his nephew by dagger.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that even they injury suffered by the injured is simple in nature.

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Shri Chandra Bhushan Prasad, the learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that merely because the injury suffered by the injured is simple in nature does not warrant grant of anticipatory bail to the petitioners for the reason that the informant has alleged that his minor daughter was being teased by Sameer, and these petitioners, in connivance with Sameer, assaulted the father of the minor girl as such it can very well be

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Patna High Court CR. MISC. No.15074 of 2023(3) dt.22-06-2023 3/3

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culled out what kind of impression the minor girl might have gathered seeing his father being assaulted.

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Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

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Their prayer for anticipatory bail is thus rejected.

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(Satyavrat Verma, J)

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Rishi/-

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U T

Samima Khatoon v. The State of Bihar

Case brief

What is this about?

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Samima Khatoon v. The State of Bihar

Case brief

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