Imran Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24697 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Imran Khan, son of Nazir Alam,

2. Irfan Khan, son of Nazir Alam,

3. Raushan Tara, wife of Nazir Alam,

4. Ibrana Khatoon, wife of Shakil Ahmad,

5. Shakil Alam @ Md. Shakil, son of Late Amir Khan,

6. Najir Alam @ Bartul, son of Late Amir Alam, All are resident of Mohalla- Khoda Nagar, P.S.- Chhatauni, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-07-2017 Heard Mr. Tondon for the petitioners. No one appears on behalf of the State.

06 petitioners herein who are neighbours of the informant have filed the present application for grant of anticipatory bail in connection Chhatauni P.S. case no. 71 of 2017, registered under Sections 147,148,149,447,324,307,337,325,379, 504 and 506 of the IPC.

It is submitted that the prior to the present case an FIR was lodged by petitioner no.5 against the present set of prosecution. In retaliation the present case has been lodged. Learned counsel for the petitioners drew attention of the Court to

Patna High Court Cr.Misc. No.24697 of 2017 (3) dt.13-07-2017 2/2 the contents of the FIR and submits that the allegation of having caused the injuries to the informant and other witnesses are only attributed to petitioner nos. 1, 2, 5 and 6. Ornamental allegation of having committed theft of watch has, however, been alleged against petitioner no.4, namely, Ibrana Khatoon. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to petitioner nos. 1,2, 5 and 6. Their prayer for bail is rejected. So far as the petitioner nos. 3 and 4 are concerned, in the event of their arrest or surrender before the Court below within a period of four weeks from today, they are directed to be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran in connection with Chhatauni P.S. case No. 71 of 2017, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with the further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioners.

(Kishore Kumar Mandal, J) Shyam/- U T