Md. Haider @ Md. Haider Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18222 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

MD. HAIDER @ MD. HAIDER ALI SON OF LATE KAMRUL HAANE R/O VILLAGE- BIRIT, P.S.- MADHAWPUR, DISTRICT- MADHUBANI 2.

MD. MOJIBUL SON OF LATE KAMRUL HAANE R/O VILLAGEBIRIT, P.S.- MADHAWPUR, DISTRICT- MADHUBANI 3.

MD. FARUK @ PAPPU SON OF MD. MOJIBUL R/O VILLAGE- BIRIT, P.S.- MADHAWPUR, DISTRICT- MADHUBANI 4.

MD. SHAFI SON OF AINUL HAANE R/O VILLAGE- BIRIT, P.S.- MADHAWPUR, DISTRICT- MADHUBANI 5.

AFSANA KHATOON WIFE OF MD. IRSHAD R/O VILLAGE- BIRIT, P.S.- MADHAWPUR, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 354(B), 385, 387, 379, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioner nos. 1, 3 and 4 have antecedent of one case each and petitioner no. 2 has antecedent of two cases and

Patna High Court CR. MISC. No.18222 of 2023(2) dt.10-07-2023 2/3 petitioner no. 5 is a person with clean antecedent and is a woman.

The informant alleges that the petitioners on account of dispute relating to land assaulted her along with her husband and relatives.

The learned counsel for the petitioners next submits that from perusal of the allegation as alleged in the F.I.R, it would manifest that allegation of assault is not specific and from perusal of the injury report (Annexure-4), it would manifest that the same records that the injured has not suffered any external injury.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection

Patna High Court CR. MISC. No.18222 of 2023(2) dt.10-07-2023 3/3 with Madhwapur P.S. Case No. 51 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T