Md. Enus And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5765 of 2018 Arising Out of PS.Case No. -337 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Md. Enus, S/o Late Lal Mohammad @ late Mohammad,

2. Md. Ajad S/o Md. Enus,

3. Md. Farid S/o Md. Enus , All R/o Village- Jotaili, Gulab Tola, P.S.- Bihariganj, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bihariganj PS case no. 337 of 2017 registered for the offences punishable under Sections 354-B, 379 and other sections of Indian Penal Code.

The allegation is regarding quarrel between two families resulting in scuffle between the informant side and the accused side, however there is no injury on the record of the case. The learned counsel for the petitioners submits that improbable allegations have been leveled which the informant has failed to corroborate by way of any evidence and moreover, the

Patna High Court Cr.Misc. No.5765 of 2018 (3) dt.29-03-2018 2/2 fact of the case is that on account of quarrel having taken place amongst the children, the entire family has been implicated in the present case at the behest of the parents of the children who is the informant herein. It is further submitted that the petitioners have clean antecedents.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of J.M. 1st class, Udakishunganj (Madhepura) in connection with Bihariganj PS case no. 337 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T