IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10489 of 2008 JAREENA KHATOON & ORS Versus STATE OF BIHAR ----------- 2 08.05.2008 Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail prayer of petitioner no. 3 Md. Hira Laheri. Accordingly, it is dismissed as withdrawn. So far the other two petitioners, namely, petitioner no. 1 Jareena Khatoon and petitioner no. 2 Armana Khatoon are concerned, they apprehend their arrest in Benipatti P.S. Case No. 119/05 dated 20.07.2005 under Sections 147, 148, 149, 341, 323, 447, 302 of the Indian Penal Code. Heard. The two petitioners along with others are arrayed as accused in the FIR. The allegation is that the informant had fixed some bamboo and erected some Tati structure upon the lands adjacent to the land of the accused persons on the ground that it was allotted to him in partition but the accused were protesting to the construction over the land. Further submission is that the informant went away for bringing material for further construction. The accused persons including the petitioners came over the land, objected to the construction of the Tati over the land and uprooted fixed to the ground there and the co-accused Rafique, who is not petitioner, assaulted informant’s wife with a Khanti and when informants came to save he - 2 - too was assaulted by Rafique. So far the lady petitioners are concerned, there is nothing against them excepting that they pelted bricks and uprooted the bamboo. Learned counsel for the petitioner says that there is no allegation on these petitioners that they caused assault. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks JAREENA KHATOON and ARMANA KHATOON are admitted to anticipatory bail on furnishing bail bond of Rs. 10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani subject to condition as laid down under Section 438(2) of the Cr. P. C. Kundan (C.M. Prasad, J.)