Petitioner released on bail upon furnishing bail bonds after being arrested under Sections 147/149/302 of the Indian Penal Code: High court of Patna

Date : 06 07 2021 IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 371420 Arising Out of PS. Case No. 263 Year 2019 Thana SIMRI BAKHTIYARPUR District 1. Baby Khatoon aged about 18 years Female Daughter of Late Mojeem. 2. Farida Khatoon aged about 60 years Female wife of Late Mojeem. Both resident of Village Hussain Chowk P.S. Simri Bakhtiyarpur District ... Petitioner s ... Opposite Party s The State of Bihar Appearance : For the Petitioner s For the State CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Mr. Uday Chand Prasad Advocate Mr. Arvind Kumar Pandey APP The matter has been heard via video conferencing. 2. Heard Mr. Uday Chand Prasad learned counsel for the petitioners and Mr. Arvind Kumar Pandey Additional Public Prosecutor for the State. 3. The petitioners apprehend arrest in connection with Simri Bakhtiyarpur PS Case No. 2619 dated 05.07.2019 instituted under Sections 147 149 302 of the Indian Penal Code. 4. The allegation against the petitioners and other family members is of assault on the informant his daughter and brother who later succumbed to his injuries. Patna High Court CR. MISC. No. 371420 dt.06 07 2021 2 3 5. Learned counsel for the petitioners submitted that the petitioners are ladies and the allegation is that they had also assaulted by lathi and danda along with the male family members and thus it is obvious that they have been implicated only to involve the whole family. It was submitted that when the male members were already in a fight there was no occasion for the petitioners to intervene especially since the petitioner no. 1 is aged 18 years and petitioner no. 2 is a widow of 60 years. Learned counsel submitted that the petitioners have no other criminal antecedent. 6. Learned APP submitted that the petitioners have also assaulted and there has been death of one person. However it was not disputed that against the petitioners the allegation of assault is general and omnibus. 7. 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 petitioners be released on bail upon furnishing bail bonds of Rs. 25 000 each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Saharsa in Simri Bakthiyarpur PS Case No. 2619 subject to the conditions Patna High Court CR. MISC. No. 371420 dt.06 07 2021 3 3 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 petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners and that the petitioners shall cooperate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or non cooperation shall lead to cancellation of their bail bonds. 8. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the aforementioned terms. 9. The petition stands disposed off Anjani 

Summary: The petitioner was arrested under Section 147 of the Indian Penal Code, “Punishment for rioting”, section 149, “ Every member of unlawful assembly guilty of offense commit­ted in the prosecution of a common object”, section 302 of the Indian Penal Code, “Punishment for murder”. This is in connection with Simri Bakhtiyarpur PS Case No. 263 of 2019 dated 05.07.2019.  This Judgment was given in the high court of Judicature at Patna on the 6th  of July 2021 by the Honorable Mr. Justice Ahsanuddin Amanullah in the case of Baby Khatoon versus the state of Bihar criminal miscellaneous No. 37145 of 2020, Mr. Uday Chand represented as the advocate for the petitioner and Mr. Arvind Kumar represented the state of Bihar as the additional Public prosecutor, the proceedings of the court were held through video conference. The following are the facts of the case, the petitioner was accused along with her family members of assaulting the informant and his daughter and his brother which resulted in injuries. The counsel for the petitioner held that the petitioners were ladies and since they were accused of assault along with the male member of the family and the reason they have been implicated was to involve the entire family. It was submitted that the male members were previously in a fight where the petitioners never intervened since petitioner no.1 is only 18 years and petitioner no.2 is a window of 60 years the counsel further conceded that the petitioner has no other criminal antecedent. The Additional Public Prosecutor held that the petitioners have committed assault which resulted in the death of one person, it was not disputed that the allegations of assault against the petitioner were in general and omnibus. After considering the facts and circumstances of the case the court held that the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, subject to the conditions under Section 438(2) Cr.P.C., 1973  “(i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute the bond and give an undertaking with regard to good behavior of the petitioners, and (iii) that the petitioners shall cooperate with the Court and police/prosecution.”