Md. Awarar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4145 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== 1.

MD. AWARAR S/O MD. AHAMAD Resident of Village- Brahampur, P.S.- Phulparas, District- Madhubani.

2.

MD. FURGAN S/O MD. AWARAR Resident of Village- Brahampur, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 354(B), 308, 504 and 34 of the Indian Penal Code.

It is alleged that on the date of occurrence petitioner no. 2 entered into the house of the informant and misbehaved with her. When the informant went to the house of petitioner no. 1 to make the complaint, the accused persons including these petitioners assaulted her. Petitioner no. 2 assaulted her by means of lathi.

Learned counsel for the petitioners submits that the parties are agnates and due to petty dispute scuffle took place

Patna High Court CR. MISC. No.4145 of 2023(2) dt.09-05-2023 2/2 between them and taking advantage of the situation, this false case has been lodged. Doctor has found simple injury. Petitioners have got clean antecedent.

Learned counsel for the State opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 the learned Court of A.C.J.M.-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 204 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T