Mohammad Shamsul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18011 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

MOHAMMAD SHAMSUL SON OF LATE NOOR MUHAMMAD R/O KISHANPUR YUSUF, P.O. AND P.S.- SARAIRANJAN, SAMASTIPUR, BIHAR- 848147 2.

GULSHAN BEGUM WIFE OF MOHAMMED SHAMSUL R/O KISHANPUR YUSUF, P.O. AND P.S.- SARAIRANJAN, SAMASTIPUR, BIHAR- 848147 3.

AJAMERI KHATOON D/O MOHAMMED SHAMSUL R/O KISHANPUR YUSUF, P.O. AND P.S.- SARAIRANJAN, SAMASTIPUR, BIHAR848147 4.

MOHAMMAD SHAMSER SON OF MOHAMMED SHAMSUL R/O KISHANPUR YUSUF, P.O. AND P.S.- SARAIRANJAN, SAMASTIPUR, BIHAR- 848147 5.

MOHAMMAD MURTUZA @ MURTUZA SON OF MOHAMMED SADIK R/O BHOJPUR, P.O. AND P.S.- SARAIRANJAN, SAMASTIPUR, BIHAR- 848147 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354(B) and 504/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 2 and 3 are women.

Patna High Court CR. MISC. No.18011 of 2023(2) dt.26-07-2023 2/3

4. The informant alleges that while his wife was returning with his nephew and his brother they were intercepted by the accused persons including the petitioners and they torn her clothes and made her necked. Further they assaulted by knife causing injury to his wife and brother.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that the date of occurrence is 07.08.2022 and the FIR has been instituted after a delay of three days on 10.08.2022 without any plausible explanation. It is next submitted that even the allegation of assault is not specific against the petitioners and the injuries suffered by the injured is simple in nature as has been pleaded at para 10 of the anticipatory bail application.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.18011 of 2023(2) dt.26-07-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sarai Ranjan P.S. Case No. 216 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T