High Court Patna High Court - Orders

Meena Khatoon & Ors. vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Meena Khatoon & Ors. vs The State Of Bihar on 24 October, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.30131 of 2011

                     1.Meena Khatoon, W/o Nizamuddin.
                     2.Fenshi Khatoon, D/o Nizamuddin.
                     3.Alimuddin Ansari @ Alimuddin, S/o Late Mohabbat Ansari.
                     4.Md. Mokim Ansari @ Mokim Ansari, S/o Alimuddin
                     Ansari.
                     All are R/V Hat Baraul, P.S. Azamnagar, District Katihar.
                                                                          -------Petitioners
                                                 Versus
                     The State Of Bihar
                                                                     -----Opposite Party
                                               -------------

03/- 24/10/2011 Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State, who is armed with

carbon copy of the case diary.

All the four petitioners apprehending their arrest in

connection with a case registered for the offence punishable under

Sections 341, 323, 324, 353, 332, 224, 225, 307, 504 and 506/34

of the Indian Penal Code and 3 (x) S.C./S.T. Act, are named

accused in this case with allegation of causing obstruction in

official discharge in duty of the informant, who had to apprehend

their one of the family members wanted in a Sessions Trial No. 51

of 1987.

Submission is that there is general and omnibus

allegation of assault and abuse and the case is squarely covered

under a decision of Hon’ble Apex Court in a case of “Jorgia

Pentiah Vs. State of Andhra Pradesh reported in 2009 (1)

BCCR 153 SC”.

Considering the facts and circumstances of the case, in

the event of their arrest/surrender before the court below within
four weeks, let the above named petitioners be enlarged on bail on

furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with

two sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Katihar, in connection with Azamnagar P.S.

Case No. 136 of 2010, subject to condition laid down under

Section 438(2) of the Criminal Procedure Code with additional

condition to remain physically present before the court below till

disposal of the case, in case of failure on two consecutive dates,

without giving any reasonable explanation, the liberty granted

shall be deemed to be cancelled.

( Akhilesh Chandra, J.)
Praveen/-