Md. Tahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35181 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.

MD. TAHIR Son of Idris Resident of Village - Barhara Tole, Harhi, P.S. - Babubarhi, Dist. - Madhubani.

2.

Sultan Son of Tahir Anshari Resident of Village - Barhara Tole, Harhi, P.S. - Babubarhi, Dist. - Madhubani.

3.

Salman Ansari Son of Tahir Ansari Resident of Village - Barhara Tole, Harhi, P.S. - Babubarhi, Dist. - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354, 448, 379, 504, 34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioners assaulted the son of the informant. When the informant's daughter-in-law, namely, Ruksana

Patna High Court CR. MISC. No.35181 of 2021(2) dt.12-04-2022 2/3 Khatoon and Rizwana Khatoon protested, the accused persons also assaulted them. Co-accused Md. Irfan inflicted blow with iron rod on the head of informant's son, as a result of which he sustained injury and became unconscious. The accused persons dragged his daughter-in-law Ruksana Khatoon and in due course she became nude and also got injured and they also took her gold chain and nose ring.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. Specific allegation of assault is against the co-accused, namely, Md. Irfan.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.35181 of 2021(2) dt.12-04-2022 3/3 the like amount each to the satisfaction of learned A.C.J.M. III, Madhubani in connection with Babubarhi P.S. case No.145/2020 corresponding to CRI 1016/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T