Alleged of Assault and Snatching Gold jewelry the petitioner was granted bail on furnishing the grounds of defense for the act being of the children of both sides: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 377520 Arising Out of PS. Case No. 667 Year 2019 Thana AMARPUR District Banka Bibi Sairun aged about 56 years Female Wife of Late Ameen. Bibi Jamunee @ Bibi Jumanee aged about 40 years Female Wife of Arshad Both resident of Village Dhimera PS Amarpur District Banka The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Mr. Brij Nandad Prasad Advocate Mr. Dashrath Mehta APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23 07 2021 The matter has been heard via video conferencing. 2. Heard Mr. Brij Nandan Prasad learned counsel for the petitioners and Mr. Dashrath Mehta learned Additional Public Prosecutorfor the State 3. Learned counsel for the petitioners submitted that he may be permitted to withdraw the petition on behalf of petitioner no. 1 namely Bibi Sairun as she has been arrested 4. In view thereof as prayed for by learned counsel for the petitioners the petition on behalf of petitioner no. 1 namely Bibi Sairun stands disposed off as withdrawn and is restricted to petitioner no. 2 namely Bibi Jamunee @ Bibi Jumanee 5. The petitioner no. 2 apprehends arrest in connection with Amarpur PS Case No. 667 of 2019 dated 20.12.2019 Patna High Court CR. MISC. No.377520 dt.23 07 2021 instituted under Sections 341 323 307 354B 379 504 and 506 34 of the Indian Penal Code 6. The allegation against the petitioner no. 2 and others is of assault and specifically against the petitioner no. 2 is of snatching gold ear ring of the informant weighting about 8 bhar 7. Learned counsel for the petitioners submitted that the case is false and concocted and the issue is of a very trivial nature i.e. dispute between the children of the two sides. Learned counsel submitted that even on merits the only allegation against the petitioner no. 2 is that she snatched the gold ear ring weighing 8 bhar from the informant which clearly is a cosmetic addition as entire family members have been made accused and to make out a case individual acts have been assigned to such persons. It was submitted that besides being a lady the petitioner no. 2 has no 8. Learned APP submitted that assault has taken place and the petitioner no. 2 was very much present and part of the group which had committed such crime 9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in the event of arrest or surrender before the Court below within six weeks from today the petitioner no. 2 namely Bibi Jamunee Patna High Court CR. MISC. No.377520 dt.23 07 2021 Bibi Jumanee be released on bail upon furnishing bail bonds of Rs. 25 000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Banka in Amarpur PS Case No. 6619 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioner no. 2 andthat the petitioner no. 2 shall co operate with the police prosecution and the Court. Failure to co operate shall lead to cancellation of her 10. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner no 2 to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing 11. The petition stands disposed off in the to the petitioner no. 2 (Ahsanuddin Amanullah J

Summary: The petitioners were alleged of committing assault and taking away the gold jewelry of the informant. The petitioner took the defense of the act being of the children of both sides. But after considering the contentions made by the Additional Public Prosecutor and keeping in the mind the facts and circumstances of the case, the court granted the bail to the petitioner for a specific period. . The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Bibi Sairun v. The State of Bihar[Criminal Miscellaneous No. 37758 of 2020].  The facts of the case were that the petitioner was apprehended arrest in connection with a case instituted under Sections 341, 323, 307, 354B, 379, 504, and 506/34 of the Indian Penal Code. It was alleged that the petitioner along with others committed assault and snatched gold jewelry. The Learned Counsel for the petitioner submitted that the issue was concocted and was of trivial nature. He claimed that the allegations were false and that the dispute was between children of the two sides. Also, the petitioner had no other criminal antecedents. The learned Additional Public prosecutor contended that the petitioner was present at the moment when the crime was committed and had taken place by her in her presence as per the reports. The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner…. be released on bail upon furnishing bail bonds.” Hence the bail was granted and the petition was disposed of on the terms and conditions of serving and cooperating with the police and prosecution. Any incorporation or failure to the terms shall lead to cancellation of the bail. Click Here To Read The Judgment