Md. Anwar @ Md. Anwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13998 of 2020 Arising Out of PS. Case No.-836 Year-2018 Thana- ARARIA District- Araria ====================================================== 1.

MD. ANWAR @ MD. ANWAR ALAM Son of Md. Momai @ Md. Bhomai Resident of Village - Kakurwa, Basantpur, Ward No.29, P.S.- and Distt.- Araria.

2.

Md. Ibrar @ Ibrar Son of Md. Anwar @ Md. Anwar Alam Resident of Village - Kakurwa, Basantpur, Ward No.29, P.S.- and Distt.- Araria. 3.

Bibi Fatma @ Fatma W/o Md. Anwar @ Md. Anwar Alam Resident of Village - Kakurwa, Basantpur, Ward No.29, P.S.- and Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 341, 323, 325, 354, 504/34 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons assaulted the informant as she had to appear as witness

Patna High Court CR. MISC. No.13998 of 2020(2) dt.03-07-2020 2/3 in a case. The accused person also misbehaved with her. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. On the earlier occasion also, the daughter of the informant had instituted a case for an offence under Section 498A IPC. The present case has been instituted only with an intention to harass the petitioners and his family members by the mother of the wife of petitioner no. 2.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 836/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.13998 of 2020(2) dt.03-07-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T