Seikh Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10056 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- KASBA District- Purnia ====================================================== 1.

SEIKH KHALIL Son of Late Seikh Sonai Resident of Village- Tara Nagar, P.S.- Kasba, District- Purnea 2.

RAUSHAN ARA Wife of Md. Mosim Resident of Village- Tara Nagar, P.S.- Kasba, District- Purnea 3.

RUMA KHATOON @ RUMA Wife of Md. Raiees Resident of Village- Tara Nagar, P.S.- Kasba, District- Purnea 4.

JARINA KHATOON Wife of Seikh Khalil Resident of Village- Tara Nagar, P.S.- Kasba, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 143, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons armed with sharp edge weapons hit on the head of the informant due to which she sustained head injury and blood started oozing out from her head. Informant's husband came to save the informant then accused persons broke his left hand. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.10056 of 2023(2) dt.20-04-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that one of the injuries was found grievous in nature but it is not mentioned in the FIR that who assaulted the husband of the informant. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kasba P.S. Case No.347/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T