Anwari Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Anwari Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest or surrender within six weeks, release on bail bonds of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the learned C.J.M., Begusarai in connection with Balia P.S. Case No. 254 of 2023, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in Balia P.S. Case No. 254 of 2023 (Sections 147, 341, 323, 324, 504, 307, 379 & 506 IPC and Section 3/4 Daain Act), are entitled to anticipatory bail.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioners are to be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to the satisfaction of the learned C.J.M., Begusarai in connection with Balia P.S. Case No. 254 of 2023, subject to the conditions laid down in Section 438(2), Code of Criminal Procedure, 1973 (anticipatory bail granted).

Detailed headnote1 paragraphs

Anticipatory bail — granted. Anwari Khatoon and Asma Khatoon (women with no criminal antecedent) apprehended arrest in Balia P.S. Case No. 254 of 2023 (District Begusarai) under Sections 147, 341, 323, 324, 504, 307, 379 & 506 IPC and Section 3/4 of the Daain Act, the prosecution alleging an armed assault by lathi, danda and rod on the informant's mother and on the informant, and looting of a gold chain, gold bangle, jewellery and Rs. 20,000/- cash. Counsel for the petitioners submitted that the parties are agnates with a case and counter case arising out of a family dispute, that there is a 3-day delay in filing the F.I.R. without plausible reason, and that the injuries are simple in nature; the learned A.P.P. opposed the prayer. Considering the facts and circumstances and submissions, the Court directed that in the event of arrest or surrender within six weeks the petitioners be released on bail on bonds of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the learned C.J.M., Begusarai, subject to Section 438(2), CrPC 1973 conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15446 of 2024

Arising Out of PS. Case No.-254 Year-2023 Thana- BALIYA District- Begusarai

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

1. Anwari Khatoon Wife of Md. Shamshul, Resident of Village - Chhoti Balia, Saidanchak, Ward No.7, P.S.- Balia, Dist- Begusarai.

Asma Khatoon Wife of Late Md. Wakil, Resident of Village - Chhoti Balia, Saidanchak, Ward No.7, P.S.- Balia, Dist- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Md Fazle Karim, Advocate. For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 18-03-2024

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in connection with Balia P.S. Case No.254 of 2023 instituted under Sections 147, 341, 323, 324, 504, 307, 379 & 506 of the Indian Penal Code and Section 3/4 of Daain Act.

As per the prosecution case, all the accused persons including the petitioners armed with lathi, danda and rod came at the door of the informant and assaulted his mother. When he went to rescue his mother then Md. Shamshul assaulted him with iron rod and Md. Saddam assaulted him with lathi . It is further alleged that a gold chain of Rs.50,000/-, 1/2 bhar gold

Patna High Court CR. MISC. No.15446 of 2024(2) dt.18-03-2024 2/3

bangle of Rs.25,000/-, Jewellery of Rs.50,000/- and Rs.20,000/cash were looted by the accused persons.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that both the parties are agnates and due to family dispute scuffle took place between both the parties for which there is case and counter case. He also submits that there is delay of 3 days in filing the F.I.R. without any plausible reason. Learned counsel submits that as per the injury report of the informant and his mother, the injuries are simple in nature. He further submits that petitioners are women having no criminal antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering 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.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Begusarai in connection with Balia P.S. Case No.254 of 2023, subject to the conditions laid down in Section

Patna High Court CR. MISC. No.15446 of 2024(2) dt.18-03-2024 3/3

438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J)

Ritik/-

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