Patna High CourtCR. MISC./37956/2017bail granted

Alimuddin Mian @ Almudin Mian And ANR v. The State Of Bihar

2017-08-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37956 of 2017 Arising Out of P.S.Case No. -7 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Alimuddin Mian @ Almudin Mian son of Late Shahid Mian,

2. Ajaz Ahmad @ Md. Ajaz Ahmad, son of Alimuddin Mian @ Almudin Mian, Both are Resident of Village- Dhuldhuliya, Police StationManjhagarh, District- Gopalganj. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-08-2017 Heard.

2. The petitioners apprehend arrest in connection with Manjhagarh P.S.Case No.07 of 2017 registered for an offence under Sections 341, 325, 323, 504, 354 and 379/34 of the IPC.

3. The informant has alleged that on 11.01.2017, when she was taking tea along with her daughter-in-law, her pattidars who are named in the FIR armed with iron rod and lathi, entered into the house and started abusing. The informant raised protest whereupon they assaulted her daughter-in-law. The accused persons further snatched gold chain and ear-ring and cash amount of Rs.21,000/- from their possession.

4. The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.37956 of 2017 (2) dt.11-08-2017 2/2 the informant and petitioners are agnates and occurrence of assault took place for trifle matter. The injury caused was simple in nature, so the petitioners deserve anticipatory bail.

5. Learned APP opposed the submissions.

6. Considering the nature of allegation and also the fact that there is omnibus allegation of assault, their anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender within six weeks before the court below, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Niraj Kumar, Judicial Magistrate, Ist Class, Gopalganj in connection with Manjhagarh P.S.Case No.07 of 2017/Trial No.1059 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T