Allowed

Sutiya Khatoon @ Suriya Khatoon v. The State of Bihar

Patna HC5 Oct 2024CR. MISC./63936/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by two women accused in an assault FIR, charged after charge-sheet and cognizance despite Section 41A co-operation. Court granted bail on arrest or surrender within four weeks, citing lack of specific allegations against them.

What did the court decide?

Anticipatory bail: release on arrest/surrender within four weeks on Rs.10,000 bond with two like sureties before ACJM-I, Jhanjharpur.

Sutiya Khatoon @ Suriya Khatoon Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63936 of 2024

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Arising Out of PS. Case No.-267 Year-2020 Thana- LAKHNAUR District- Madhubani

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

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Sutiya Khatoon @ Suriya Khatoon Wife of Bali Mohammad Village- Deep West Tola, P.S.- Lakhnaur RSOP, District- Madhubani

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Rubeda Khatoon Wife of Md. Juber Village- Deep West Tola, P.S.- Lakhnaur RSOP, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Bharti For the Opposite Party/s : Mr. Nirmala Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 05-10-2024

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1. Heard learned Counsel for the petitioners and

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learned Additional Public Prosecutor for the State.

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2. This application, for grant of anticipatory bail, arises out of Lakhnaur (RSOP) Police Station Case No. 267 of 2020, disclosing offences under Sections 447, 448, 341, 323, 324, 308, 504, 506, 34 of the Indian Penal Code.

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3. As per the First Information Report, due to previous enmity, on 31.10.2020, the accused persons, including the petitioners, entered into the courtyard of the informant having various weapons in their hands, abused her and when the informant objected, co-accused Sahid assaulted her by farsa on the head and co-accused Juber assaulted the informant by means

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Patna High Court CR. MISC. No.63936 of 2024(2) dt.05-10-2024 2/3

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of iron rod on her head. It has further been alleged that other accused persons assaulted by means of lathi, danda, fist and legs.

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4. Learned Counsel for the petitioners submits that the petitioners are female and are wives of co-accused Juber Mohammad and his family member. There is no specific allegation of assault against the petitioners and the police, during course of investigation granted privilege of Section 41A Cr.P.C. to the petitioners who co-operated the police during course of the investigation, however, the police submitted charge-sheet against petitioner and others and the learned Magistrate has taken cognizance of the offences and has issued summons, accordingly, the petitioners are having apprehension of arrest.

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5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is no specific allegation of assault against the petitioners, they are female and further they co-operated in the investigation after being given the advantage of Section 41A Cr.P.C., I am inclined to grant the petitioners privilege of anticipatory bail.

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6. This application is, accordingly, allowed.

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7. Let the petitioners, above named, in the event of

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Patna High Court CR. MISC. No.63936 of 2024(2) dt.05-10-2024 3/3

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their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jhanjharpur, Madhubani, in connection with Lakhnaur (RSOP) Police Station Case No. 267 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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HarshPandey/-

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U T

Sutiya Khatoon @ Suriya Khatoon v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sutiya Khatoon @ Suriya 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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