Abu Nasar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5596 of 2023 Arising Out of PS. Case No.-179 Year-2020 Thana- JALE District- Darbhanga ====================================================== 1.
ABU NASAR S/O LATE ABDUL BAJIT Resident of Village- Sipauliya @ Supauliya, P.S.- Jalley, District- Darbhanga. 2.
MD. AMIR @ AMIR S/O ABU NASAR Resident of Village- Sipauliya @ Supauliya, P.S.- Jalley, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidya Nath Prasad, Adv.
For the Opposite Party/s :
Mr.Dashrath Mehta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 447, 448, 504, 379, 147, 149, 313 of the Indian Penal Code. Allegedly, after some altercation, petitioners along with other accused persons came at the house of the informant and misbehaved with the informant's daughter and when the informant reached there and tried to rescue, they all assaulted her and her daughter with fists and legs as a result of which three months pregnancy of the informant was terminated. They also committed loot in her house and snatched golden chain from the neck of the informant's daughter-in-law.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No
Patna High Court CR. MISC. No.5596 of 2023(3) dt.08-05-2023 2/2 such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. There is admitted land dispute between the parties. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. This case is counter blast of Jalley P.S. Case No. 173 of 2020. No external injury was found on the body of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as no external injury was found on the body of the victim, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Jalley P.S. Case No. 179 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T