Tanbir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70091 of 2018 Arising Out of PS. Case No.-230 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Tanbir,

2. Firoj Alam, Both are Sons of -Son of Tahir Hussain.

3. Nikhat Perween, Wife of-Tanbir. All are Resident of VillageBagdhra, P.S.-Jokihat, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307,379 and 504/34 of the IPC.

The prosecution case as per the written report of Masroor Alam submitted to the SHO, Jokihat Police Station, is to the effect that on 3.8.2018 at 5 P.M., a she-goat of the informant came at the door of the petitioner no. 3 Nikhat Perween upon which she started beating the she-goat, and on protest being made by the brother of the informant he was assaulted and petitioner no. 1 took away the mobile phone of

Patna High Court Cr.Misc. No.70091 of 2018(2) dt.05-12-2018 2/3 informant's brother and when the nephew of the informant namely Gufran came to rescue him, he was also assaulted by the petitioners. It is further alleged that petitioner no. 2 took away Rupees Twenty Thousand from the pocket of informant's nephew. Petitioner no. 1 is alleged to have pressed the neck of the informant's nephew and assaulted with a blade causing cut injury.

It is submitted by learned counsel for the petitioners that there is counter version of the occurrence also and the injury on the neck of the informant's nephew is of marginal size, simple in nature.

Considering the genesis of the occurrence, a counter version of the occurrence and the nature of injury on the informant's nephew found to be simple in nature, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Jokihat P.S. Case No.

Patna High Court Cr.Misc. No.70091 of 2018(2) dt.05-12-2018 3/3 230 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U