Patna High CourtCR. MISC./887/2015bail granted

Md. Hakim @ Hakim And ANR v. The State Of Bihar

2015-01-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.887 of 2015 (2) dt.09-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.887 of 2015 ======================================================

1. Md. Hakim @ Hakim

2. Dukha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.01.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Sikty P. S. case no. 151/2013 registered under sections 498A, 323, 325 and 504/34 of the IPC as well as 3/ 4 of the D.P. Act. Admittedly, petitioners are brothers-in-law of the sister of the informant and there is allegation against petitioner no.1 that he assaulted the informant's father by means of lathi causing fracture injury on his hand. The present case has been registered under section 498A, 323, 325, 504/34 of the IPC and 3/ 4 of the D.P. Act. Admittedly, except section 498A of the IPC and 3/ 4 of the D.P. Act, almost all sections are bailable in nature. So far as sections 498A of the IPC and 3/ 4 of the D.P. Act are concerned, there appears to be no allegation against these petitioners to constitute the said offence.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four

Patna High Court Cr.Misc. No.887 of 2015 (2) dt.09-01-2015 weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Sikty P. S. case no. 151/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T