Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7497 of 2018 Arising Out of PS.Case No. -1256 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Saddam Hussain son of Shaukat Ali, Resident of Village -Bhokhari, P.S. Kargahar, District-Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Pandey, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 30-03-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Sasaram (T) P.S. Case No. 1256 of 2017 instituted for the offence under Section(s) 341, 323, 324, 325, 326, 307, 504 and 506/34 of the Indian Penal Code.
It is alleged by the informant that on 05.09.2017, owner of her building Khairati Mistry, his son Vikki, Bhagina of owner khairati, namely, Saddam Hussain along with two unknown persons came armed with Lathi, Danda, Sword and knife, and told to vacate the building and started abusing them. It is further alleged that husband of the informant asked for time but all persons started assaulting her husband. Petitioner Saddam Hussain assaulted her husband on his neck on account of which he fell
Patna High Court Cr.Misc. No.7497 of 2018 (5) dt.30-03-2018 2/3 down.
The petitioner is alleged to have caused injury in the Neck of the husband of the informant with intention to kill. The Doctor has found three injuries on the person of the injured simple in nature.
Learned counsel for the petitioner submits that the petitioner has also filed Sasaram P.S. Case No. 1301 of 2017 against the husband of the informant. It is further submitted that co-accused Khairati Mistri and Vikky @ Md. Alamgir have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 15.01.2018 passed in Cr. Misc. No. 839 of 2018.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sasaram (T) P.S. Case No. 1256 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Sasaram, Rohtas subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the
Patna High Court Cr.Misc. No.7497 of 2018 (5) dt.30-03-2018 3/3 jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) shakir/- U T