Md. Ibran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2844 of 2022 Arising Out of PS. Case No.-494 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== 1.
MD. IBRAN Son of Md. Usman Resident of Village- Bhirkhi, Ward No.2, Police Station- Madhepura, District- Madhepura. 2.
MD WASHIM @ MD JASIM Son of Md. Jabbar Resident of VillageBhirkhi, Ward No.2, Police Station- Madhepura, District- Madhepura. 3.
MD SAJJAD Son of Md. Usman Resident of Village- Bhirkhi, Ward No.2, Police Station- Madhepura, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 379, 427, 354, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submit that petitioner nos. 1 and 3 are persons with clean antecedent and petitioner no. 2 has antecedent of one case and the informant alleges that there was an altercation between informant's husband and Jabbar regarding flowing of drain water and thereafter, it is alleged that Jabbar started abusing and assaulting
Patna High Court CR. MISC. No.2844 of 2022(2) dt.11-08-2022 2/3 the husband of the informant by means of an iron rod and other accused persons also assaulted him and his family members by means of an iron rod.
Learned counsel for the petitioners submit that petitioners have been falsely implicated in the present case, it is next submitted that the occurrence took place on account of a trivial dispute relating to drainage, it is next submitted that even the allegation of assault is general and omnibus in nature, it is also submitted that there is no injury report in the case diary and as such even in the impugned order it has not been recorded, it is submitted that had there been injury report then the same would have been recorded by the learned Additional Sessions Judge.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.2844 of 2022(2) dt.11-08-2022 3/3 the case is pending/successor court in connection with Madhepura P.S. Case No. 494 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T