Patna High CourtCR. MISC./4409/2018bail granted

Shamshe Alam v. The State Of Bihar

2018-02-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4409 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ======================================================

1. Shamshe Alam Son of Mozibur Rahman @ Mojibul Rahman, Resident of Village-Narkatia, Police Station-Simri, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Simri P.S. Case No. 94/2017 dated 07.08.2017 instituted for the offences under Sections 341, 342, 323, 354, 504, 506 and 34 of the Indian Penal Code.

The petitioner is the elder brother of the husband of the informant. It is alleged by the informant that because of some dispute between the children of the house, the informant was assaulted brutally by the petitioner and his other family members. Learned counsel for the petitioner has submitted that the petitioner and his family and the informant along with family stay in the same house and because of some dispute between the two brothers, the present case has been lodged.

The allegation of outraging the modesty of the

Patna High Court Cr.Misc. No.4409 of 2018 (2) dt.01-02-2018 2/2 informant does not appear to be very clear and only a vague statement has been made in the F.I.R. that the informant was badly assaulted by the petitioner and others.

Considering the background of this case and the relationship between the parties, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T