Md. Jabbarul Huk @ Jabbarul Huk @ Md. Jabbarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4075 of 2025 Arising Out of PS. Case No.-1232 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

Md. Jabbarul Huk @ Jabbarul Huk @ Md. Jabbarul S/O Late Md. Babujan R/O Vill- Vishunpur Khetal, P.S.- Garaha, Dist.- Muzaffarpur. 2.

Md. Salam @ Md Salma S/O Late Md. Babujan R/O Vill- Vishunpur Khetal, P.S.- Garaha, Dist.- Muzaffarpur.

3.

Sajda Khatoon Wife of Md. Guddu R/O Vill- Bishunpur Damodar @ Mahpur, P.S.- Garaha, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

Mrs.Rina Sinha, APP Mr. Priyesh Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2025 At the outset, learned counsel for the petitioners submits that during pendency of this bail petition, petitioner no. 1 namely Md. Jabbarul Huk has been arrested and as such, this petition has become infructuous, so far as petitioner no. 1 is concerned.

2. The anticipatory bail petition stands dismissed, so far as petitioner no. 1 is concerned.

3. The petitioners (i.e. petitioner nos. 2 and 3) apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 118(1), 109, 74, 76, 303(2), 352, 351(2) (3), 79, 3(5) of B.N.S., 2023.

Patna High Court CR. MISC. No.4075 of 2025(2) dt.24-02-2025 2/3

4. As per F.I.R., on 27.08.2024 at 4:00 PM, petitioners alongwith co-accused Md. Jabbarul, armed with iron rod and sword, came to the house of informant and started abusing and assaulting her. It is further alleged that when family members of informant came to save her, they were also abused and assaulted by accused persons.

5. It is submitted on behalf of petitioners that allegation of assault is general and omnibus and no specific overt act has been alleged against petitioners. Case and counter case. Rest of the allegation is ornamental only with a view to make the case grave in nature. Petitioners claim clean antecedent.

6. Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail.

7. Considering the aforesaid facts and circumstances, in the event of their arrest/surrender within a period of eight weeks from today, let the petitioner nos. 2 & 3, as named above, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur (Garaha O.P.) P.S. Case No. 1232 of 2024, subject to condition as laid down under Section 482 of

Patna High Court CR. MISC. No.4075 of 2025(2) dt.24-02-2025 3/3 B.N.S.S., 2023.

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T