IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44437 of 2009 1. BIBI BUDHNA @ BIBI BUDHNI wife of Md. Ishteyaque 2. Bibi Baby wife of Md. Shahzad 3. Bibi Chun Chun @ Bibi Chum Chum wife of Md. Naushad 4. Bibi Rubi wife of Md. Jammo 5. Bibi Lattoo @ Bibi Latiya wife of Md. Amjad Versus THE STATE OF BIHAR ----------- 2/ 23.02.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 323, 448 and 316 of the Indian Penal Code. One Bibi Sitara alleged that all the accused persons forcibly entered in the house and began to abuse and threatened her. She alleged inhuman behaviour against one Md. Amjad. She further alleged that petitioner no.1 Bibi Budhna and petitioner no.2 Bibi Baby began to inflict injury on her stomach. She further alleged that Sheikh Baktu and Md. Ishteyaque snatched money and ear rings. Learned counsel submits that Bibi Budhani has also filed Complaint case no. 1118 of 2009 against the informant, which is contained in Annexure-2. Learned counsel submits that even assuming the allegations to be true, Section 316 of the Indian Penal Code would be applicable against Md. Amjad. The petitioner states that the instant case has been lodged on account of village politics. He further submits that there is no specific allegation against petitioner nos. 3, 4 and 5. After hearing the counsel for the parties, I find that there is allegation of overt act against petitioner nos. 1 and 2, as such I am not inclined to grant anticipatory bail to them. Their prayer for - 2 - anticipatory bail is rejected. However, they will surrender before the court below within six weeks from today and seek regular bail, which would be disposed of preferably on the same day without being prejudiced by this order. So far as petitioner nos. 3, 4 and 5 namely Bibi Chun Chun @ Bibi Chum Chum, Bibi Rubi and Bibi Lattoo @ Bibi Latiya are concerned, in the event of arrest or surrender within six weeks from today in connection with Pirpainti P.S. case no. 147 of 2009, above named petitioners shall 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 Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)