Patna High CourtCR. MISC./35720/2018partly allowed disposal

Md. Ebrahim And ORS v. The State Of Bihar

2018-06-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35720 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Md. Ebrahim, son of Late Md. Afsar Ali

2. Md. Jiyabur, Son of Md. Ibrahim

3. Md. Sitabur son of Md. Ibrahim

4. Bibi Majara wife of Md. Ibrahim All residents of village - Rampur Duania, P.S.- Sadar (Muffasil), District - Purnea.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sadar (Muffasil) P.S. Case No. 33 of 2018 registered under Sections 341, 342, 323, 379, 307 and 504 read with 34 of the Indian Penal Code.

Considering that in the first information report there is no allegation that petitioner nos.3 and 4 namely, Md. Sitabur

Patna High Court Cr.Misc. No.35720 of 2018 (2) dt.29-06-2018 and Bibi Majara assaulted the husband of the informant, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar (Muffasil) P.S. Case No. 33 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

So far as petitioner no.1 Md. Ebrahim and petitioner no.2 Md. Jiyabur are concerned, they are alleged to have assaulted the husband of the informant along with others as a result of which, he sustained serious injuries for which he had been admitted in hospital for treatment, I am not inclined to grant them pre-arrest bail. Their application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J.) Sanjeet/- U T