Samusddin Baitha @ Samsoddin Baitha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17909 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== 1.

Samusddin Baitha @ Samsoddin Baitha Son of Late Sobrati Baitha Resident of Village - Nagardahi, P.s.- Bhangaha, Distt. - West Champaran. 2.

Amarul Baitha @ Anwarul Baitha Son of Late Sobrati Baitha, Resident of Village - Nagardahi, P.s.- Bhangaha, Distt. - West Champaran. 3.

Rabeya Khatoon Wife of Samsuddin Baitha Resident of Village - Nagardahi, P.s.- Bhangaha, Distt. - West Champaran.

4.

Salami Khatoon Wife of Amarul Baitha Resident of Village - Nagardahi, P.s.- Bhangaha, Distt. - West Champaran.

5.

Jhunna Baitha Son of Samsuddin Baitha. Resident of Village - Nagardahi, P.s.- Bhangaha, Distt. - West Champaran.

6.

Makbul Baitha Son of Anwarul Baitha Resident of Village - Nagardahi, P.s.- Bhangaha, Distt. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 143, 341, 323, 447, 448, 354(B), 379 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by fists and slaps and they also thrashed her on the ground and torn her clothes. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.17909 of 2019(2) dt.29-03-2019 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

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

Considering the aforesaid facts and circumstances, 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 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bhangaha P.S. case No.63 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T