Mohammad @ Farooque @ Md. Faruk And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20006 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
MOHAMMAD @ FAROOQUE @ MD. FARUK Son of Late Isahak 2.
Naushad Alam @ Naushad Ansari Son of Mohammad @ Farooque 3.
Serfaraj Alam @ Sarfaraj Alam Son of Mohammad @ Farooque All are residents of Mohalla - Kishunbag, P.S. - Kalibag O.P., District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-07-2019 The petitioners apprehend their arrest in connection with Bettiah (Town) P. S. Case No. 230 of 2018 registered under Sections 323,341 and 354B/34 of the Indian Penal Code. Allegation against the petitioners, as per the FIR, is that while the informant was cleaning utensils and her daughter was sitting near DARWAZA, accused persons came and started abusing the informant's daughter. It has further been alleged that petitioner No. 3, Sarfaraj Alam gave a blow by means of iron rod below the eye of the informant, petitioner no. 2, Naushad Alam torn the cloth of the daughter of the informant and snatched away her silver chain and petitioner no. 1, Md. Farook assaulted the informant with lathi.
Mr. Sanjeev Kumar, learned counsel appearing on behalf
Patna High Court CR. MISC. No.20006 of 2019(3) dt.25-07-2019 2/2 of the petitioners submits that there is case and counter case in between the parties for the incident which has taken place on the same day and the side of the petitioners have lodged Bettiah P.S. Case No. 233 of 2018. He further submits that both parties are neighbour and there is dispute between them on certain issues and there is no injury caused to the side of the informant. After having heard learned counsel for the parties and taking into consideration the fact that there is case and counter case in between the parties and the parties are neighbour as such I am inclined to grant anticipatory bail to the petitioners on the above mentioned condition.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran connection with Bettiah (Town) P.S.Case No. 230 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U