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2025 DAILYLAW 86816 (PAT)

Shamsha Khatoon v. The State of Bihar

CR. MISC./88944/2024 · 2025-01-08

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88944 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Shamsha Khatoon Wife of - Md. Masum R/o - West Bilaspur, Paschmi Vilashpur, P.S - Hayaghat, District - Darbhanga, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Hayaghat P.S. Case No. 148 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 109, 303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 03. As per prosecution case, the petitioner and other co-accused persons assaulted the informant and his brother, causing a number of injuries to them. The allegation against the petitioner and her co-accused husband is that of assaulting the informant with spade and khanti. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties and for Patna High Court CR. MISC. No.88944 of 2024(2) dt.08-01-2025 2/3 the same occurrence, Hayaghat P.S. Case No. 149 of 2024 has been registered against the informant side. Learned counsel further submits that the injury reports do not show any serious injury and the injury of the informant is diffuses swellings but there is no allegation against the petitioner for causing such injury. The petitioner is having clean antecedent. Learned counsel further submits that the petitioner is in custody since 05.10.2024 and charge-sheet has been submitted. 05. Learned APP for the State opposes the prayer for bail. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Darbhanga/concerned court in connection with Hayaghat P.S. Case No. 148 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of Patna High Court CR. MISC. No.88944 of 2024(2) dt.08-01-2025 3/3 the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T