Md. Mudin @ Md. Muddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.134 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- KASBA District- Purnia ====================================================== 1.

Md. Mudin @ Md. Muddin, aged about 65 years (M), son of late Md. Yunush.

2. Ansar, aged about 33 years (M), son of Md. Habib.

3. Md. Afroj, aged about 31 years (M), son of Md. Mudin @ Md. Muddin.

4. Saheb, aged about 54 years (M), son of late Md. Yunush.

5. Md. Nayeem, aged about 47 years (M), son of late Md. Yunush.

6. Mohiuddin, aged about 55 years (M), son of late Md. Yunush. All resident of Village Pakaria, P.S. Kasba, Dist. Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Kasba P.S. Case No. 287 of 2018 registered for offences under sections 147, 341, 323, 354, 376, 379, 504 and 506 of the Indian Penal Code.

In the present case, the petitioners are family members of Md. Akhtar who has been attributed to have committed sexual assault on the Informant, whereafter, the family members of the Informant went to the house of Md. Akhtar where they were mishandled and assaulted by them. In the First Information Report, there is no specific

Patna High Court Cr.Misc. No.134 of 2019(2) dt.10-01-2019 2/2 allegation against the petitioners and from the order of the court below, it appears that the victim girl has made statement against Md. Akhtar before the police as well as before the Magistrate. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 287 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T