Munni Khatoon v. The State of Bihar
Case at a glance
Outcome
Allowed
This application stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302, 323, 341, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 77. This application stands allowed. (Chandra Prakash Singh, J) Shahnawaz/- U T
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Bimlesh Kumar Pandey, Advocate Mr. Anil Kumar, APP ORAL ORDER 2 18-12-2023 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners are apprehending their arrest in a case in connection with Harsidhi PS Case No. 482 of 2023 dated
29.07.2023, registered for the offences punishable under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code.
As per the prosecution case, when the informant raised objection, on the order of accused Jikirullah, all accused persons assaulted the grandson of informant, namely Ashif, due to which he sustained serious injuries. When the nearby persons came, the accused persons fled away. Thereafter, the informant took his grandson to Sadar Hospital, Motihari, where doctor referred him to Muzaffarpur and thereafter, the grandson of informant was referred to PMCH, Patna, where doctor declared the grandson of the informant dead. Patna High Court CR. MISC. No.76526 of 2023(2) dt.18-12-2023
Learned counsel for the petitioners has submitted that the petitioners are quite innocent and have falsely been implicated in the present case and the allegations levelled against 13 named and 15-20 unknown persons of assaulting the informant’s grandson is are general and omnibus in nature. It is further submitted that the petitioners have no criminal antecedent and the petitioner no. 1 is a lady of 70 years of age. It is further submitted that the post-mortem report does not corroborate the allegation of assault levelled against 13 named accused person and 15-20 unknown persons.
Learned APP for the State has vehemently opposed the bail petition of the petitioners.
Considering the aforesaid facts and circumstances as well as the nature of allegation against the petitioners who are ladies, let the petitioners named-above, in the event of their arrest / surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned JM-I, Motihari, East Champaran, in connection with Harsidhi PS Case No. 482 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Operative part
This application stands allowed. (Chandra Prakash Singh, J) Shahnawaz/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 302, 323, 341, 504; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.