Abu Mohammad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77523 of 2018 Arising Out of PS. Case No.-102 Year-2018 Thana- FULKAHA District- Araria ======================================================

1. Abu Mohammad S/o Late Mahboob Mian,

2. Md. Quadir S/o Nathu Mian, Both are R/o Vill.- Thuthi, Ward No.08, P.S.- Bhimpur, district- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Fulkaha P.S. Case No. 102/2018, instituted for offences under Section(s) 341, 323, 324, 354(B), 379, 504 and 506/34 of the Indian Penal Code. It is alleged in the written report that on the date of occurrence informant and his family members were returning from field then all the accused persons including these petitioners armed with weapons arrived and started abusing them. On protest, co-accused Md. Riyasat dragged his wife, namely, Rajida Khatoon by holding her hair. When the informant tried to rescue, co-accused Md. Liyakat assaulted him with iron rod causing injury on his chest. It is further alleged

Patna High Court Cr.Misc. No.77523 of 2018(2) dt.15-01-2019 2/2 that when Rajida Khatoon and Tajo Khatoon went to rescue, all the accused persons including these petitioners assaulted them with rod, fists and slaps.

Injury report of injured are enclosed as Annexure- 3 series, wherein doctor has found complaint of body ache and abdomen pain on the person of Rajida Khatoon. No injury has been found on the person of Tajo Khatoon.

Petitioners are in custody since 24.10.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria in connection with Fulkaha P.S. Case No. 102/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T