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Anticipatory Bail granted to a Lady alleged of assault of a Man, his Wife and his Son: High Court Of Patna

Petitioners were alleged for assault on the Informant, his wife, and his son. The Assault was by 10 people to which the High Court gave different decisions for each Petitioner and petitioner No. 1 was granted bail on the grounds of being a female and not being capable of assaulting along with 9 other males. The Hon’ble High Court of Patna before Mr. Justice Ahsanuddin Amanullah held such in the matter of Sairun Khatoon and Ors. v. The State of Bihar[Criminal Miscellaneous No. 40836 of 2020].

The facts of the case were the Petitioners were apprehended arrest in relation to Jogapatti PS Case No. 246 of 2020 instituted under sections 341, 323, 324, 307, 447 354B, 379, 504, and 506/34 of Indian Penal Code, 1860. Petitioners were alleged to the assault of informant’s wife and abused physically. The nose pin and chain were also snatched and the informant’s son was also assaulted in the process. Petitioners submitted that though the informant had suffered grievous hurt but the same is the result of just one blow and hence, they may be granted anticipatory bail. They claimed that injury is also suffered by one of the petitioners. Petitioner No. 1, since she was a lady and would not have participated in the assault with the other 9 male petitioners was granted anticipatory bail.

The court decided,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the seriousness of the injury suffered by the informant, the Court, at this stage, would not go into the detail of whether it was the petitioners who had assaulted or not. Thus, the court is not inclined to grant pre-arrest bail to petitioners no. 2 and 3 namely, Mumtaz Mian and Aslam Mian, respectively, and accordingly, the petition on their behalf is rejected.”

The Court granted bail to Sairun Khatoon upon furnishing bail bonds of Rs. 25,000 with 2 sureties of the like amount subject to the conditions as per Section 438(2) of Code of Criminal Procedure, 1973, and bailor shall execute the bond and sign an undertaking with regard to good behavior and should cooperate with Court, Police and Prosecution. 

The Hon’ble High Court of Patna concluded,” It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner no. 1, to the notice of the Court concerned, which shall take immediate action on the same after giving the opportunity of hearing to the petitioner no. 1.”  The petition was disposed of on the aforementioned terms.

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Judgment Reviewed By Nimisha Dublish

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