Md. Jamal @ Jamal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3667 of 2020 Arising Out of PS. Case No.-160 Year-2019 Thana- BAUSI District- Purnia ====================================================== 1.
MD. JAMAL @ JAMAL S/o Late Hafiz Kurban 2.
Md. Taha @ Taha S/o Md. Jamal 3.
Md. Talib @ Talib @ Talib Hussain Jamali S/o Md. Jamal All are R/o village- Surigaon, Purab Tola, P.S.- Baisi, District- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Section 341, 323, 324, 307/34 of the Indian Penal Code.
Informant has alleged that on 19.07.2019 while Md. Parwez was returning back from market Taiyyab and Taha assaulted him and Md. Parwez in order to save himself fled into the house of Md. Kalu Khan and thereafter Taha, Taiyyab, Jamal and Talib variously armed reached there and asked Kalu Khan to handover Parwez to them however he denied upon which Bibi Rabiya was assaulted by Taiyyab with
Patna High Court CR. MISC. No.3667 of 2020(2) dt.21-01-2020 2/3 sword on her head. Kalu Khan was assaulted by Taha by Farsa and Md. Parwez was assaulted by all accused.
It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. It is submitted that due to family dispute they have been implicated in this case and nature of injury has been found to be simple.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond sof Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baisi P.S. Case No. 160 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.
(3) If the petitioners tampers with the evidence or the
Patna High Court CR. MISC. No.3667 of 2020(2) dt.21-01-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Rajiv/- U T