Abdul Khalique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47988 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -KEOTI District- DARBHANGA ======================================================
1. Abdul Khalique Son of Md. Quasim, resident of Village- Chhatwan Dihtol, Police Station- Keoti, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. M. Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-12-2016 Heard both sides.
The petitioner prays for grant of anticipatory bail in connection with Keoti P.S. case no. 98 of 2016, registered under Sections 341, 323, 324,379, 504, 506/34 of the IPC. In brief, the allegation is that while the informant was opening the shop, the petitioner along with his wife arrived and demanded money whereafter scuffle took place wherein he was assaulted and while leaving they snatched Rs. 20,000/- from his possession.
Contention of the petitioner is that the four sons of the petitioner had gone to Hyderabad and doing business with the brother of the informant. They worked for a long period of time but not paid the salary. The same was being demanded by the
Patna High Court Cr.Misc. No.47988 of 2016 (2) dt.13-12-2016 2 / 3 petitioner whereafter the present case has been lodged. Referring to Annexure-2, it is submitted that earlier the informant had involved in a mar-pit with the present petitioner for which the FIR was lodged which was counter signed by the investigating officer on 01.08.2016. Ultimately, the same was registered on 05.08.2016. Considering the above as also the fact that the petitioner has no criminal antecedents, I am inclined to extend him the privilege of anticipatory bail. Let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.
Darbhanga in connection with Keoti P.S case No. 98 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail
Patna High Court Cr.Misc. No.47988 of 2016 (2) dt.13-12-2016 3 / 3 bonds of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T