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2021 DIGILAW 676 (PAT)

Bibi Sairun v. State Of Bihar

2021-07-23

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - 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 Prosecutor (hereinafter referred to as the 'APP') for 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counsel for the petitioners, the petition on behalf of petitioner no. 1, namely Bibi Sairun, stands disposed off as withdrawn and is restricted to petitioner no. 2, namely, Bibi Jamunee @ Bibi Jumanee. 5.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, 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 criminal antecedent. 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 @ Bibi Jumanee, be released on bail upon furnishing bail bonds of Rs. 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 @ Bibi Jumanee, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Amarpur PS Case No. 667 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one of the bailors shall be a close relative of the petitioner no. 2 and (ii) that the petitioner no. 2 shall co-operate with the police/prosecution and the Court. Failure to co-operate shall lead to cancellation of her bail bonds. 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 to the petitioner no. 2. 11. The petition stands disposed off in the aforementioned terms.