Sadare Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79841 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- MATIYARIA District- West Champaran ======================================================

1. Sadare Alam

2. Jhunjhun Ansari S/o Late Noor Miyan

3. Sultan Ansari S/o Late Noor Miyan

4. Johra Khatoon W/o Nek Mohammad Miyan All resident of Village-Dadraul, P.S-Matiyariya, District.-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Matiyariya P.S. Case No. 42 of 2018 dated 29.06.2018 instituted for the offences under Sections 147, 148, 149, 323, 324, 341, 354(B), 379, 307, 504/34 of the Indian Penal Code.

For the informant raising protest against playing of an obscene song by co-accused Nek Mohammad Ansari, an occurrence took place in which petitioners are said to have assaulted the informant and others and also tore the wearing apparel of the informant.

The learned counsel for the petitioners has

Patna High Court Cr.Misc. No.79841 of 2018(2) dt.16-01-2019 2/3 submitted that prior to the aforesaid case, aforesaid Nek Mohammad Ansari and his wife were assaulted by the informant side in front of their house and for which a case was registered vide Matiyariya P.S. Case No. 41 of 2018. In the aforesaid case, some of the accused persons have received injuries.

The learned counsel for the petitioners has drawn the attention of this Court to Annexure-3 which is the injury report of the victims of the present case who are said to have received simple injuries caused by hard and blunt substance when the allegation is of assault by Farsa. Taking into account the aforesaid facts as also the clean antecedents of the petitioners and the circumstances under which the occurrence took place, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West

Patna High Court Cr.Misc. No.79841 of 2018(2) dt.16-01-2019 3/3 Champaran in connection with Matiyariya P.S. Case No. 42 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T