Md. Sadique @ Sadique Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4732 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== MD. SADIQUE @ SADIQUE ALI SON OF LATE SHEIK MOHAMMAD @ MAHABUB ALAM RESIDENT OF VILLAGE - GENIA BARI, P.S. - AZAM NAGAR (SALMARI O.P.), P.O. - BELBARI, DISTRICT - KATIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anisur Rahman For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Azamnagar Police Station Case No. 242 of 2023, dated 10.07.2023, disclosing offences under Sections 341/324/308/554/379/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 09.07.2023, in the morning, while the informant was at her home, the accused persons, including the petitioner, arrived there and started abusing the informant. When the family members of the informant intervened, the petitioner assaulted the informant by means of
Patna High Court CR. MISC. No.4732 of 2024(2) dt.17-02-2024 2/3 scissors on her head due to which she sustained injury.
4. Learned Counsel for the petitioner submits that both the parties are closely related and there is land dispute between them. He further submits that from perusal of the First Information Report it would be evident that side of the petitioner were fencing the land of the informant, which gave rise to the present occurrence. Referring to the impugned order, learned counsel next submits that injury caused to the informant is simple in nature and also submits that a counter case, bearing Azamnagar Police Station Case No. 243 of 2023, has also been lodged by the petitioner against the informant and others.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related, there is land dispute between them and injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.4732 of 2024(2) dt.17-02-2024 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Azamnagar Police Station Case No. 242 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U