Kalim Miyan @ Kalim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16675 of 2021 Arising Out of PS. Case No.-423 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Kalim Miyan @ Kalim Ansari, S/o Late Hamid Miyan, R/o Mohalla Murgia Chak, P.S. Janipur, District Patna.

2.

Seema Khatoon, W/o Kalim Miyan @ Kalim Ansari, R/o Mohalla Murgia Chak, P.S. Janipur, District Patna, ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishan Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Sinha Ms. Shweta Mr. Aftab Alam Siddiqui Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant through virtual court proceedings.

Petitioners seek bail in Phulwarisarif P.S. Case No.423 of 2020, registered for the offences punishable under Sections 341, 323, 325, 504, 506 and 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. The prosecution case, in brief, is that the named accused persons abused and assaulted the mother of the informant. On hue and cry, the informant arrived on the spot and

Patna High Court CR. MISC. No.16675 of 2021(3) dt.22-10-2021 2/2 found his mother lying in injured condition on the ground and named accused persons were assaulting her. When the informant tried to save his mother, he was also assaulted. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No overt act is alleged against the petitioners. There is general and omnibus allegation. Charge sheet has already been submitted in the present case. Petitioners are in custody since 19.08.2020 and they have got no criminal antecedent as stated in paragraph 3 of the bail petition. Having considered the facts aforesaid, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IXth, Patna in connection with Phulwarisarif P.S. Case No.423 of 2020.

(Anjani Kumar Sharan, J) S.KUMAR/- U T