Md. Khalik @ Abdul Khalik And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42013 of 2016 Arising Out of PS.Case No. -173 Year- 2016 Thana -AJAMNAGAR District- KATIHAR =====================================
1. Md. Khalik @ Abdul Khalik, Son of late Sairuddin
2. Md. Mangan, Son of Md. Khalik @ Abdul Khalik Both are resident of Village- Nauranga, Police StationAzamnagar, (Salmari O.P.), District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Md. Qumrul Hoda, Adv. For the State : Mr. Ranjit Ranjan, APP For the Informant : Mr. Jagdish Prasad, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Azamnagar P.S. Case No. 173 of 2016, disclosing offences under Sections 341, 323, 307, 354(B), 506 and 504/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that though there is allegation of assault against
Patna High Court Cr.Misc. No.42013 of 2016 (2) dt.30-09-2016 2/3 these petitioners also, but the injuries have been found to be simple in nature and considering the nature of allegation, according to him, no offence, under Section 307 of the Indian Penal Code, is made out against these petitioners. It has also been submitted on behalf of the petitioners that all the injuries have been found to be simple in nature. Learned counsel, appearing on behalf of the informant, and learned Additional Public Prosecutor, appearing on behalf of the State of Bihar, have opposed the prayer for anticipatory bail.
However, considering the facts and circumstances of the case and nature of allegation, as contained in the First Information Report, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Azamnagar P.S. Case No. 173 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court,
Patna High Court Cr.Misc. No.42013 of 2016 (2) dt.30-09-2016 3/3 as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/-c U T