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Patna High CourtCR. MISC./5020/2020partly allowed disposal

Sk. Medul v. The State Of Bihar

2020-06-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5020 of 2020 Arising Out of PS. Case No.-184 Year-2019 Thana- AMDABAD District- Katihar ====================================================== 1.

Sk. Medul Son of Late Sk. Shakil Resident of Village- Chakwa Tola Bairiya, P.S.- Amdabad, Distt- Katihar.

2.

Sk. Nazeeb @ Sk. Najeem Son of Late Sk. Shakil Resident of VillageChakwa Tola Bairiya, P.S.- Amdabad, Distt- Katihar. 3.

Bibi Sugia Khatun @ Bibi Sugia W/o Sk. Medul Resident of VillageChakwa Tola Bairiya, P.S.- Amdabad, Distt- Katihar. 4.

Bibi Anguri W/o Sk. Fedul Resident of Village- Chakwa Tola Bairiya, P.S.- Amdabad, Distt- Katihar.

5.

Bibi Sanaj W/o Late Sk. Najeeb Resident of Village- Chakwa Tola Bairiya, P.S.- Amdabad, Distt- Katihar.

6.

Bibi Asia W/o Late Sk. Shakil Resident of Village- Chakwa Tola Bairiya, P.S.- Amdabad, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-06-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Amdabad P.S. Case No. 184 of 2019 for the offence under sections 341, 323, 324, 307, 354, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

Learned counsel for the petitioners would submit that there is case and counter case on account of ingress and egress and both the parties have sustained injuries. He further submits that the injuries are simple in nature.

Patna High Court CR. MISC. No.5020 of 2020(3) dt.19-06-2020 2/2 Having regard to the allegation levelled against petitioner no.2, the Court is not inclined to grant anticipatory bail to the petitioner no.2. The prayer for anticipatory bail of the petitioner no.2 is rejected. He may surrender before the court below and prays for regular bail which shall be considered and disposed of on the same day without being influenced by the refusal to grant anticipatory bail.

So far as the rest petitioners are concerned, the Court on consideration of entire material on record, is inclined to grant anticipatory bail to the petitioners, let the petitioners named above, except petitioner no.2 in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri D. K. Singh, learned Judicial Magistrate1st Class, Katihar, in connection with Amdabad P.S. Case No. 184 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T