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Patna High CourtCR. MISC./467/2020bail granted

Md. Mokarram @ Mokarram v. The State Of Bihar

2020-02-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.467 of 2020 Arising Out of PS. Case No.-821 Year-2019 Thana- ARARIA District- Araria ====================================================== MD. MOKARRAM @ MOKARRAM, Male, aged about 28 years, son of Md. Taslim, resident of Village- Rahikapur, Pela Tol, Ward No. 3, P.S.- Araria R.S., District- Araria.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Araria (R.S.) P.S. Case No.821 of 2019, registered for the offence under Sections 341, 323, 325, 307, 447, 380, 354, 504 and 506/34 of the Indian Penal Code. Allegation has been made that in the night hot exchange of words took place between the accused persons and the mother of the informant as to why the accused persons have come in the night. Allegation was attributed by the petitioner that her son has committed theft of mobile phone. It has further been alleged that the accused persons including the petitioner have caused injury to the mother of the informant with bamboo, as a result of which, she fell down on the ground.

Patna High Court CR. MISC. No.467 of 2020(2) dt.28-02-2020 2/2 Learned counsel for the petitioner submits that there is a delay of 13 days in lodging the F.I.R. and that too without any explanation.

Considering the aforesaid facts, let the abovenamed petitioner, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (R.S.) P.S. Case No.821 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U T