Md. Danish @ Danish And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2304 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -MAHILA PS District- DARBHANGA ======================================================
1. MD. DANISH @ DANISH,
2. Md. Hedayatulla Islam @ Md. Qais, both sons of late Md. Mojahid, resident of village- Sara Mohanpur, Police Station- Sadar, DistrictDarbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Md. Imteyaz Ahmad, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Darbhanga Mahila P.S. Case No.31 of 2017 instituted for the offence under Section(s) 323, 504, 506, 420 Indian Penal Code and Section 67 of the Information Technology Act.
It has been submitted that there is allegation in the written report against Nikhil Kumar Bhagat and his sister Neha Kumari of taking photograph of the informant and pasting the same on the Face Book with a view to defame her. These petitioners have no concern either with Nikhil Kumar Bhagat or his sister Neha Kumari.
It has been submitted that petitioners have clean
Patna High Court Cr.Misc. No.2304 of 2018 (2) dt.17-01-2018 2/2 antecedents.
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 Darbhanga Mahila P.S. Case No.31 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, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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