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Patna High CourtCR. MISC./11445/2019bail granted

Majahar Khan And ORS v. The State Of Bihar

2019-02-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11445 of 2019 Arising Out of PS. Case No.-219 Year-2017 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Majahar Khan, son of Late Md. Jahid Khan 2.

Muzaffar Khan @ Mozaffar Khan, Son of Late Md. Jahid Khan 3.

Ahatesham Khan @ Ehatesam Khan, Son of Muzaffar Khan All are Residents of Village - Koili, P.S. - Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Nanpur P.S. Case No.219 of 2017, registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 354, 379, 504, 506 of the Indian Penal Code.

Allegation has been made that the accused persons including the petitioners have entered into the courtyard of the informant and started abusing her and when she objected then the accused persons tried to outrage the modesty. Learned counsel for the petitioners submits that there is land dispute between the parties and a proceeding under

Patna High Court CR. MISC. No.11445 of 2019(2) dt.26-02-2019 2/2 Sections 144 and 145 Cr. P.C. is pending before S.D.O., Pupri, Sitamarhi and due to which, the petitioners have falsely been implicated in the present case.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Nanpur P.S. Case No.219 of 2017 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T