Amdullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10456 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================
1. Amdullah, S/o Mustamil,
2. Shafaque @ Shafuque S/o Mahnullah @ Mahbullah,
3. Muna, S/o Ahamhullah @ Ahmatullah, all are R/o Village- Nari, P.S.- Ghanshyampur and District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Ghanshyampur P.S. Case No.131 of 2017 instituted for the offence under Section(s) 341, 323, 324, 354, 379, 504 and 506 Indian Penal Code.
It has been submitted that instant case has been filed due to village politics. One of the accused, namely, Amrullah Khatoon, has instituted a case against the informant and others vide Ghanshyampur P.S. Case No.146 of 2017.
In the instant case, there is allegation against petitioner no.1 of assaulting the informant with sword on the head on account of which he sustained bleeding injury. It is
Patna High Court Cr.Misc. No.10456 of 2018 (2) dt.27-02-2018 2/3 further alleged that when sister of the informant came to save him, then petitioner no.2 assaulted the sister of the informant with sharp cutting weapon on the head and also pushed her down with intention to outrage her modesty.
Medical prescriptions of both the injured have been enclosed with the First Information Report, which show that they have not sustained any injury. Only some medicines have been prescribed to both the injured.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Ghanshyampur P.S. Case No.131 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Biraul, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable
Patna High Court Cr.Misc. No.10456 of 2018 (2) dt.27-02-2018 3/3 reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T