Wahid Mian @ Abdul Waheed And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22846 of 2018 Arising Out of PS. Case No.-644 Year-2016 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ======================================================

1. Wahid Mian @ Abdul Waheed, Son of Late Abdul Gaffur.

2. Sohrab Modi @ Mohammad Soharab, Son of Waheed Mian @ Abdul Wahid.

3. Junair @ Md. Jubair @ Jubair @ Guddu, Son of Md. Hafiz

4. Madina Khatoon, Wife of Junair @ Md. Jubair @ Guddu.

5. Md. Sonu Son of Md. Hafiz,

6. Phoolmati Devi, Wife of Dharikshan Ram.

All are Resident of Mohalla-Bhabhanagar Masjid Tola, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Muzaffarpur Sadar P.S. Case No.644 of 2016, registered for the offence punishable under Sections 147, 341, 342, 323, 353 and 504/34 of the Indian Penal Code. Allegation has been made that when the Police has

Patna High Court Cr.Misc. No.22846 of 2018(3) dt.30-04-2018 2/3 gone to arrest an accused these petitioners have created impediment, tried to taking away the accused. Where-after, they have entered into the Police Station and started rampaging and assaulting the police personnel.

The manner the petitioners have created chaos in the police station and assaulted the police personnel, cannot be acceptable to this Court. However, considering the fact that petitioner nos. 4 and 6, are the female, let the petitioner nos. 4 and 6, namely, Madina Khatoon and Phoolmati Devi, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Sadar P.S. Case no.644 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

Patna High Court Cr.Misc. No.22846 of 2018(3) dt.30-04-2018 3/3 So far the bail of rest petitioners is concerned, the same is rejected.

(Shivaji Pandey, J) pawan/- U