Abdul Jabbar Salmani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28352 of 2017 Arising Out of PS.Case No. -13 Year- 2014 Thana -MAHILA P.S. District- SHEOHAR ======================================================
1. Abdul Jabbar Salmani Son of Late Mohammad Ebrahim Hussain
2. Md. Amjad Raja Son of Late Mohammad Ainul Haque
3. Md. Badru Jamma Son of Late Md. Ismail Salami
4. Md. Salimu Jamma Son of Late Md. Ismail Salami
5. Md. Nadimu Jamma Son of Late Md. Ismail Salami
6. Md. Nur Alam Son of Abdul Jabbar Salami
7. Md. Firoj Alam S/o Abdul Jabbar Salami
8. Atikur Rahman Son of Late Md. Samsul Haque, All residents of Village - Kumhrar, P.S. Tariyani, District - Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar alias Sanidh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 406, 420, 323, 354(B) and 504/34 of the Indian Penal Code.
Prosecution case, in short, is that the informant was working on the post of Vanposhak since 2011 and when she went to the house of petitioner No.1 for demanding money, she was kicked out from there and he used abusive language against her. In the meantime, petitioner No.2 put the informant on floor and made her necked and when she raised alarm, the other petitioners pressed nose and mouth of the informant, but the villagers
Patna High Court Cr.Misc. No.28352 of 2017 (2) dt.01-07-2017 2/2 assembled there and saved the informant and the petitioners fled away.
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 petitioners. The petitioners have falsely been implicated in the present case. F.I.R. has been instituted after 7 days of the alleged occurrence. After investigation the police has submitted a final form. It is a case and counter case between the parties. 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, Sheohar in connection with Mahila Sheohar P.S. case No.13 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T