Sharfe Alam @ Sarfe Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51574 of 2018 Arising Out of PS. Case No.-290 Year-2017 Thana- BIRAUL District- Darbhanga ======================================================

1. Sharfe Alam @ Sarfe Alam Son of Jahangir

2. Najame Alam @ Md. Najame Alam Son of Jahangir

3. Jahangir @ Md. Jahangir Son of Md. Shafique

4. Rubbana Khatoon Wife of Md. Jahangir All are residents of village - Balia, Police Station - Biraul, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 448, 380, 354, 307, 324, 504/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners abused and assaulted the informant, due to which she sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties.

Patna High Court Cr.Misc. No.51574 of 2018(2) dt.28-09-2018 2/2 Both the sides are said to have sustained injuries. The injury on the side of the informant has not been explained by the prosecution. The nature of injury sustained by the victim is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Biraul in connection with Biraul P.S. case No.290 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T