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Patna High CourtCR. MISC./11544/2018bail granted

Gulshan Khatoon And ORS v. The State Of Bihar

2018-02-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11544 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Gulshan Khatoon, W/o Md. Ajij

2. Md. Sabir @ Md. Savir, S/o Esalam @ Islam

3. Md. Faruque, S/o Md. Jalil

4. Rozina Khatoon, W/o Md. Tal @ Md. Lal All are Resident of Village-- Khazura, P.S.-Madhepur, District-Madhubani.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate. For the Opposite Party/s : Mr.Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioners apprehend their arrest in Madhepur P.S. Case No.25/2017 registered under Sections 147, 149, 341, 323, 324, 307, 354, 447 and 427 of the Indian Penal Code. Md. Ishak, the informant named four petitioners and others and alleged that all the accused persons, having armed with different weapons came and Md. Rabbani assaulted the informant with sword, Md. Ajij assaulted the informant with Dabiya on his head. The accused persons also assaulted the family members of the informant.

Learned counsel for the petitioners submits that there is a counter version being Madhepur P.S. Case No.26 of 2017. No

Patna High Court Cr.Misc. No.11544 of 2018 (2) dt.27-02-2018 2/2 specific allegation of assault is made against Md. Rabbani and Md. Ajij, who are petitioners here. The injury report, annexed with Annexure-3 of the bail petition shows that all the injuries were simple in nature.

Having considered the fact that there is a case and counter case and no specific allegation is made against the petitioners, the petitioners above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, Madhubani, in connection with Madhepur P.S. Case No.25/2017, corresponding to G.R No.607 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Amit/- U T