Md. Jangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25226 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

Md. Jangi Son of Late Masluddin, Resident of Village- Kachhari Tola, Bhatabari, P.S.- Bahadurganj, Dist- Kishanganj. 2.

Anwari Kahtoon @ Awnayi Wife of Md. Jangi, Resident of VillageKachhari Tola, Bhatabari, P.S.- Bahadurganj, Dist- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Bahadurganj P.S. Case No.385 of 2023 instituted under Sections 323, 341, 354, 354A, 354B, 379, 504, 506, 509/34 of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that the petitioner no.1 tried to outrage her modesty and beat her while she was went for natural call with her younger son. It is further alleged that the petitioner no.1 was accompanied by two unknown persons who have beaten her and snatched her golden chain worth Rs.65,000/-. Petitioner no.2

Patna High Court CR. MISC. No.25226 of 2024(3) dt.31-07-2024 2/3 who is wife of petitioner no.1 also came and press the mouth of informant's daughter and bite her son's back.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 and informant both are cousin and they have family dispute concerning to land for a long time and at the time of alleged occurrence, petitioner no.1 was not in the State of Bihar. Learned counsel submits that the counter F.I.R. has been filed by petitioner no.2. He further submits that one criminal case had earlier been also instituted by the family member of the informant against the petitioner alleging therein similar nature of offence to harass the petitioners. Learned counsel submits that petitioner no.1 has two criminal antecedents and petitioner no.2 has one criminal antecedent. He further submits that petitioners undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing

Patna High Court CR. MISC. No.25226 of 2024(3) dt.31-07-2024 3/3 bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No.385 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T