Patna High Court - Orders
Liliya Khatoon @ Nudrat Bano vs The State Of Bihar on 17 June, 2019
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37026 of 2019
Arising Out of PS. Case No.-413 Year-2018 Thana- KRITYANAND NAGAR District-
Purnia
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LILIYA KHATOON @ NUDRAT BANO, aged about 33 years, Female, W/o
Md. Sahid Alam R/o village- Bhokraha, P.S.- K. Nagar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Mohammed Arif
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
2 17-06-2019Heard both sides.
The petitioner apprehends her arrest in K. Nagar P.S. Case No.413 of 2018 registered under Sections 147, 148, 341, 342, 447, 324, 307, 302, 504 and 506 of the Indian Penal Code.
The informant alleged that while he was preparing his agricultural field along with his brothers namely, Md. Shakil, Md. Nafis and Md. Mahfooz but in the meantime, Md. Sahid Alam, Md. Azim Alam, Md. Wasim Alam, Md. Afroz Alam, Md. Dhuku and Liliya Khatoon(the petitioner) having armed with dabiya, farsa and iron rod came on his plot. They began to abuse the informant and assaulted him. The informant got injuries on his left hand finger. His brother, Md. Shakil came to save the informant but Md. Azim and Md. Wasim caught his Patna High Court CR. MISC. No.37026 of 2019(2) dt.17-06-2019 2/3 brother and Md. Sahid Alam assaulted his brother with dabiya on his head. Blood started oozing. His two brothers Md. Nafis and Md. Mahfooz also came to save but Md. Azim assaulted Md. Nafis on his head. On alarm villagers came there. The informant further alleged that he brought his two brothers, Md. Shakil and Md. Nafis for treatment. Shakil was referred to P.M.C.H. for better treatment but Shakil succumbed to injury on way to P.M.C.H. The learned counsel for the petitioner submits that petitioner is the wife of Md. Sahid Alam. Petitioner is named in the F.I.R. but no specific allegation of assault is made against the petitioner. The informant alleged that accused persons assaulted him and he got injury on his left hand finger. When Md. Shakil, his brother(now deceased) came to save him, Md. Azim and Md. Wasim are said to have caught Md. Shakil and Md. Sahid(the husband of the petitioner) is alleged to have assaulted Md. Shakil with dabiya on his head. No other accused is alleged to have assaulted Md. Shakil. Md. Azim is alleged to have assaulted Md. Nafis with iron rod. The petitioner is a lady.
Learned counsel for the A.P.P. did not dispute the facts.
Having considered the facts that petitioner who is a Patna High Court CR. MISC. No.37026 of 2019(2) dt.17-06-2019 3/3 lady is of course named in the F.I.R. but there is no allegation of assault against the petitioner. There is specific allegation of assault against Md. Sahid that he assaulted Md. Shakil with dabiya on his head and Md. Shakil succumbed to injury on way to P.M.C.H. Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No.413 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/-
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