Sheikh Israfil And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39873 of 2014 Arising out of P. S. Case No. - 582 Year - 2014 Thana - SITAMARHI District - SITAMARHI ======================================================

1. Sheikh Israfil, Son of Late Sheikh Suleman

2. Bechu Nadaf, Son of Latif Nadaf

3. Panchu Madari, Son of Islam Madari

4. Sheikh Azam, Son of Late Sheikh Usman, All are resident of village - Raghopur, Bhalkhari, P.S. and District - Sitamarhi .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

This is a petition for grant of anticipatory bail in a case under Sections 448, 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

There is specific allegation that Sheikh Israfil (petitioner no. 1) gave a lathi blow on the head of the informant Gulshan Khatoon causing bleeding injury and Panchu Madari (petitioner no. 3) gave a dagger blow to Shakeel Nadar, Dewar of the informant causing injury in his right shoulder. So far petitioner nos. 2 and 4 are concerned, there is general and omnibus allegation of assault against them.

Learned counsel for the petitioners submits that the injury reports show that the injuries are simple in nature. Hence, having regard to the facts and circumstances

Patna High Court Cr.Misc. No.39873 of 2014 (2) dt.21-04-2015 of the case, the petitioners above named are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 582 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

as well as subject to the condition that one of the bailors shall be the close relative of the petitioners who will file affidavit to the effect that the petitioners shall not involve in such type of activity in future and further the petitioners will neither influence nor terrorize the witnesses and if any allegation is made by the witnesses about the terrorizing or influencing the witnesses then the bail bonds of the petitioners shall stand cancelled and further the petitioners will file Hazari in the nearest police station once in a fortnight for six months and if any report is received regarding involvement of the petitioners in such type of activity then the trial court shall also cancel the bail bonds of the petitioners.

Kundan (Gopal Prasad, J.) U T