Md. Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8393 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- LODIPUR District- Bhagalpur ====================================================== 1.
Md. Azad Son of Anwar Resident of Village - Tahbalpur, P.S.- Lodipur, District- Bhagalpur 2.
Md. Amir Son of Anwar Resident of Village - Tahbalpur, P.S.- Lodipur, District- Bhagalpur 3.
Md. Saddam Son of Anwar Resident of Village - Tahbalpur, P.S.- Lodipur, District- Bhagalpur 4.
Julfikar @ Julfkar Son of Ansar Resident of Village - Tahbalpur, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Vivek For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned Counsel for the petitioners and the learned APP for the State.
Petitioners apprehend arrest in Lodipur PS Case No. 134 of 2019 registered under Sections 323, 324 and 325/34 IPC. The case of prosecution is that while the informant was sitting near her maternal uncle, all the accused persons have abused, assaulted her and taken away her dupatta Petitioners' counsel submits that the prosecution case is counter blast of Lodiput PS Case No. 134 of 2019 registered against the family members of the informant by the accused persons in which charge sheet has been submitted under Sections 448, 147, 323 and 325 IPC. There is no injury report to sustain the allegations which are false and fabricated. The petitioners are having no criminal antecedent.
Learned APP has opposed the prayer.
Patna High Court CR. MISC. No.8393 of 2020(2) dt.02-03-2020 2/2 Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed.
In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Bhagalpur in Lodipur PS Case No. 134 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.
(Madhuresh Prasad, J) SNkumar/- U T