Majeeda Khatoon And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6317 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- GHANSHYAMPUR District- Darbhanga ======================================================
1. Majeeda Khatoon, aged about 56 years (F), wife of Md. Ibrahim.
2. Md. Usman, aged about 40 (M), son of Md. Ibrahim.
3. Md. Kalim, aged about 21 years (M), son of Md. Ibrahim.
4. Md. Najim, aged about 19 years (M), son of Md. Ibrahim. All are resident of Village-Kumraul, P.S-Ghanshyampur,Distt.-Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Ghanshyampur P.S. Case No. 83 of 2018 registered for offences under sections 447, 341, 323, 342, 324, 307, 379, 504 and 34 of the Indian Penal Code. In the present case, an allegation has been made against the petitioner no.2, Md. Usman of causing injury to the Informant by an iron rod and there is also an allegation against petitioner no.3, Md. Kalim of causing injury by Lathi. There is no allegation against the petitioner no.1, Majeeda Khatoon. The allegation against the petitioner no.4, Najim is of taking away money.
There being direct allegation against the petitioner
Patna High Court Cr.Misc. No.6317 of 2019(2) dt.05-02-2019 2/2 no.2 of causing injury by iron rod, this Court is no inclined to grant him the privilege of anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner no.2, Md. Usman is rejected.
Looking to the entire facts and circumstances of the case, let the rest of the petitioner nos. 1, 3 & 4, namely, Majeeda Khatoon, Md. Kalim and Md. Najim, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 learned Sub Divisional Judicial Magistrate, Biraul, Darbhanga in connection with Ghanshyampur P.S. Case No. 83 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T