Patna High CourtCR. MISC./28176/2023bail granted

Md. Toufique v. The State Of Bihar

2023-08-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28176 of 2023 Arising Out of PS. Case No.-732 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Md. Toufique Son of Late Maula Bakhs Resident of Julfikabari Lane, Mayaganj, P.S.- Barari, District - Bhagalpur. 2.

Md. Rahbar @ Md. Rahbar Ali Son of Md. Toufique Resident of Julfikabari Lane, Mayaganj, P.S.- Barari, District - Bhagalpur. 3.

Bibi Ranjida @ Ranjida Wife of Md. Toufique Resident of Julfikabari Lane, Mayaganj, P.S.- Barari, District - Bhagalpur. 4.

Md. Shahid Son of Md. Rashid Resident of Chamar Tola Lane, Champa Nagar, P.S.- Nathnagar, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar 2.

Bibi Tavasum Khatun W/O Babu Ali R/O Julfi Kawari Lane, Mayaganj, P.S.- Barari, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Md. Shahid petitioner no. 4.

2. Permission accorded. The anticipatory bail application with respect to petitioner no. 4 is dismissed as withdrawn.

3. Heard learned counsel for the petitioners and learned counsel for the State.

4. The petitioner nos. 1, 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections

Patna High Court CR. MISC. No.28176 of 2023(3) dt.28-08-2023 2/2 326/34 of the Indian Penal Code.

5. As per the prosecution case, petitioner no. 1 is alleged to assaulted with rod on the head of complainant and petitioner no. 3 is alleged to have assaulted the son of complainant with butt of pistol and petitioner no. 2 bite husband of complainant.

6. It is submitted that specific accusation of assault is against is against petitioner nos. 1 and 3. The doctor has found the injuries sustained by the injured is simple in nature. Both parties are Gotias. Moreover, complaint has been lodged after delay of one month without any plausible explanation.

7. Considering the facts aforesaid, the petitioner nos. 1, 2 and 3 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 Ist Class, Bhagalpur in connection with Complaint Case No. 732 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T