Md. Akhtar @ Md. Akhtar Ali And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26189 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -KAJRAILICHAK District- BHAGALPUR ===========================================================

1. Md. Akhtar @ Md. Akhtar Ali,

2. Md. Afsar @ Md. Afsar Ali, Both sons of Late Shamim Ali, Residents of Village- Kajraili, Police Station- Kajraili, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Advocate For the State :

Mr. Bhanu Pratap Singh, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 01-07-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in Kajraili P.S. Case No. 48 of 2016 dated 06.12.2016 instituted under Sections 341/323/324/307/379/279/354B/34 of the Indian Penal Code.

3. The petitioners are nephews of the informant and living in the same ancestral house. The allegation against them is that initially they dragged the daughter of the informant and assaulted her with fists and later on by sword and rod.

4. Learned counsel for the petitioners submitted that due

Patna High Court Cr.Misc. No.26189 of 2017 dt.01-07-2017 2/3 to petty family dispute, as they are agnates and residing in the same house, slight scuffle took place. It was submitted that even the injury report discloses that it was caused by hard blunt substance and there is no grievous injury. Learned counsel submitted that in the heat of the moment, some incident may have happened but there was no premediated intention for the same. Learned counsel further submitted that the petitioners have no criminal antecedent.

5. Learned A.P.P. submitted that there is allegation of assault against the petitioners.

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 bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-14, Bhagalpur in Kajraili P.S. Case No. 48 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation

Patna High Court Cr.Misc. No.26189 of 2017 dt.01-07-2017 3/3 of their bail bonds.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T