Enamul @ Anamul @ Enamul Haque And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56167 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -DAGARUA District- PURNIA ======================================================
1. Enamul @ Anamul @ Enamul Haque Son of Mozammil
2. Mozammil Son of Late Idris
3. Amrul @ Md. Amrul Son of Md. Unsahaque
4. Mansoor @ Mansoor Alam Son of Muzzam @ Mozammil All are resident of village Islampur, Tola Dansar, P.S. Dagarua, District Purnia.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abdul Wadood For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325 and 307 of the Indian Penal Code.
The prosecution case is that the informant along with his father Mazharul Haque and Umar Farooque were
Patna High Court Cr.Misc. No.56167 of 2015 (2) dt.10-12-2015 2/3 coming to the house from Dansar Hat then the FIR named accused persons along with 4-5 unknown surrounded them in retaliation to the information given by the informant with regard to the illicit relationship of Fudan and Md. Ziaul. On the order of Ansur the accused persons assaulted the informant, his father and Umar Farooque. Except of injury of the father of the informant injuries of the informant and Umar Farooque have been found to be simple. Earlier informant side killed the brother of petitioner no. 3, Md. Matin for which Dagarua P.S. Case No. 49 of 2015 was registered, hence, in order to save his skin the accusation has been levelled. Accusation of assault is not specific.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the fact that one person from the petitioners' side was killed by the informant side for which case was registered, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnea in
Patna High Court Cr.Misc. No.56167 of 2015 (2) dt.10-12-2015 3/3 connection with Dagarua P.S. Case No. 65 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T