Md. Mustkim Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29389 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Md. Mustkim Anwar, Aged about 52 years, Male, Son of Late Md. Israil, Resident of Village-Darjia, P.S-Madhepur, District-Madhupur. 2.

Ashok Yadav, Aged about 38 years, Male, Son of Jagdish Yadav Resident of Village-Darjia, P.S-Madhepur, District-Madhupur. 3.

Md. Ajmal, Aged about 24 years, Male, Son of Md. Mustkim Anwar, Resident of Village-Darjia, P.S-Madhepur, District-Madhupur. 4.

Md. Aasif @ Md. Aasif Iqbal, Aged about 18 years, Male, Son of Md. Razzak, Resident of Village-Darjia, P.S-Madhepur, District-Madhupur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2019 Heard both sides.

Petitioners apprehend their arrest in Madhepur P.S. Case No.5 of 2019, registered under Sections 341, 323, 379, 354, 504 and 34 of the Indian Penal Code.

The informant, Md. Wasiurrahman named ten persons including the four petitioners and alleged that they all assaulted the informant and his family members and snatched chain made of gold from their possession.

Learned counsel for the petitioners submits that prior to institution of the present case, Md. Shamim Haidar lodged Madhepur P.S. Case No.04 of 2019 against the informant and others that they all assaulted the informant and his family

Patna High Court CR. MISC. No.29389 of 2019(2) dt.03-05-2019 2/2 members including the petitioners only because they deposed in a criminal case against them. Learned counsel for the petitioner submits that no injury was caused to the informant. In order to create defence, the informant has lodged the case.

Considering the facts and nature of allegations made against the petitioners and the fact that prior to institution of the present case, a case has been lodged from the side of the petitioners alleging therein that the informant and others assaulted the petitioners and others only because they deposed against the informant and his family members, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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, Madhubani in connection with Madhepur P.S. Case No.5 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.