Abdul Quddus v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22383 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
ABDUL QUDDUS SON OF LATE NUR HASAN R/O VILLAGERAMNAGAR, GACHHI TOLA, P.S.- MANIGACHHI (BAHERA O.P.), DISTRICT- DARBHANGA 2.
MD. ASHIQ SON OF GULAM HUSSAIN R/O VILLAGE- RAMNAGAR, GACHHI TOLA, P.S.- MANIGACHHI (BAHERA O.P.), DISTRICTDARBHANGA 3.
MD. JAVED SON OF ABDUL QUDDUS R/O VILLAGE- RAMNAGAR, GACHHI TOLA, P.S.- MANIGACHHI (BAHERA O.P.), DISTRICTDARBHANGA 4.
MD. AFROZ SON OF ABDUL QUDDUS R/O VILLAGE- RAMNAGAR, GACHHI TOLA, P.S.- MANIGACHHI (BAHERA O.P.), DISTRICTDARBHANGA 5.
MD. ANJAAR SON OF LATE BADRUL HAQUE R/O VILLAGERAMNAGAR, GACHHI TOLA, P.S.- MANIGACHHI (BAHERA O.P.), DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Jha, Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 308, 354, 379, 504 and 506 of the Indian Penal Code.
The informant alleges that Abdul Qudus assaulted
Patna High Court CR. MISC. No.22383 of 2022(2) dt.07-11-2022 2/3 him by Gandasa on head, thereafter, Md. Ashique, Md. Jawed, Md. Afroz, Md. Anzar entered the house and assaulted his mother, sister and brother by an iron rod and danda, further, Ishrat and Parween took away gold jewellery, thereafter, Jawed assaulted him by Khanti causing injury on head and Jawed and Afroz further disrobed his mother and sister. Learned counsel for the petitioner submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case and on account of dispute relating to cutting of a Custard Apple Tree, the present occurrence is alleged to have taken place, it is next submitted that even the occurrence as alleged took place on account of a trivial issue of cutting the Custard Apple Tree, it is next submitted that even presuming what has been alleged is true without admitting, then the injuries suffered by the injured is simple in nature and the allegation of disrobing and taking away of gold jewellery are ornamental.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.22383 of 2022(2) dt.07-11-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manigachhi P.S. Case No. 22 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T