Masuma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15578 of 2020 Arising Out of PS. Case No.-561 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

MASUMA W/O Md. Firoz Alam Resident of Village - Itahara, Ward No. 13, P.S. - Araria. District - Araria.

2.

Sarfaraz Alam S/O Md. Firoz Alam Resident of Village - Itahara, Ward No. 13, P.S. - Araria. District - Araria.

3.

Shahwaj Alam S/O Md. Firoz Alam Resident of Village - Itahara, Ward No. 13, P.S. - Araria. District - Araria.

4.

Shahnawaj Alam S/O Md. Firoz Alam Resident of Village - Itahara, Ward No. 13, P.S. - Araria. District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2020 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 Sections 147, 149, 341, 323, 307, 379, 354(B), 504, 506 of the Indian Penal Code.

Allegation is that the accused persons abused the

Patna High Court CR. MISC. No.15578 of 2020(2) dt.07-07-2020 2/3 informant and assaulted the wife of the informant and coaccused Md. Firoz Alam assaulted the informant on his head by tubal pump.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioners have falsely been implicated in this case. The petitioner No.1 is lady. The main allegation is against the co-accused Md. Firoz Alam. The date of occurrence is alleged to be of 30.06.2019 and the case has been instituted on 15.07.2019. Delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria (R.S.) P.S. case No.561 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will

Patna High Court CR. MISC. No.15578 of 2020(2) dt.07-07-2020 3/3 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 with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T