Mushtaque And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4651 of 2019 Arising Out of PS. Case No.-212 Year-2017 Thana- JOKIHAT District- Araria ======================================================

1. Mushtaque and Ors Jainuddin Resident of Village- Thengapur chowk, P.S. Jokihat, District- Araria.

2. Md. Shamim Jainuddin Resident of Village- Thengapur chowk, P.S. Jokihat, District- Araria.

3. Bibi Sarbun Mushtaque Resident of Village- Thengapur chowk, P.S. Jokihat, District- Araria.

4. Bibi Rahina Md. Shamim Resident of Village- Thengapur chowk, P.S. Jokihat, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Jokihat P.S.Case No.212 of 2017 (G.R.No.2265 of 2017) , registered for offences punishable under Sections 147,1 49, 341, 323, 307, 379, 354(B), 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is that they entered inside the hosue of the informant and brutally assaulted the information and disrobed her and when her husband came to save her he was also assaulted and specific allegation is against

Patna High Court Cr.Misc. No.4651 of 2019(2) dt.29-01-2019 2/3 one Mushtaque who assaulted causing injury on the head of her husband.

Submission of the learned counsel for the petitioners is that except the allegation against Mushtaque the allegation is general in nature against the petitioner nos. 2 to 4. Heard learned A.P.P. also.

Having heard both sides, so far allegation against the petitioner nos. 2 Md. Shamim , 3. Bibi Sarbun and 4. Bibi Rahina are concerned, in the event of arrest or surrender before the court below within a period of six weeks from the date of order they are directed to be released 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 the learned CJM, Araria in connection with Jokihat P.S.Case No.212 of 2017 (G.R.No.2265 of 2017), subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. So far petitioner no.1 Mushtaque is concerned, he is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is

Patna High Court Cr.Misc. No.4651 of 2019(2) dt.29-01-2019 3/3 disposed of.

(Vinod Kumar Sinha, J) chn/- U