Naushad Laheri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43503 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Naushad Laheri Son of Md. Mansoor Laheri

2. Laddoo Laheri @ Laddoo @ Irshad @ Md. Seraj son of Md. Mansoor Laheri Both R/o Sarra Tile Madna, P.S.- Babubarhi, Distt- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Babubarhi P.S. Case No. 120 of 2015 registered under Sections379, 307 & other minor sections of the Indian Penal Code. Petitioners are said to have given dagger blow causing injury on the chest of the informant but the Photostat copy of injury report annexed as Annexure-4 to this petition goes to show that two injuries were found on the person of informant; the first injury was found on the head, which is simple in nature and second injury appears to be abrasion, followed by straight bruise. Submission on behalf of petitioners is that the

Patna High Court Cr.Misc. No.43503 of 2016 (2) dt.30-11-2016 2/2 informant has not sustained any injury, said to be caused by dagger and moreover, prior to institution of the present case, niece of petitioners lodged a case under Section-376 & other minor sections of the Indian Penal Code against the family members of present informant and the present case has been lodged in retaliation to that case.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Babubarhi P.S. Case No. 120 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Madhubani subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T