Patna High CourtCR. MISC./13575/2015bail granted

Md. Mithu @ Md. Parwej And ORS. v. The State Of Bihar

2015-05-07Mr. Justice Dinesh Kumar Singh2 pages

Patna High Court Cr.Misc. No.13575 of 2015 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13575 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Md. Mithu @ Md. Parwej Son of Md. Islam

2. Md. Islam Son of Late Ali Hasan

3. Manika Khatoon @ Makina Khatoon Wife of Md. Islam

4. Kalsumar Khatoon D/o Md. Islam All are Resident of village - Puraini Tola Naya Gachchi, P.S. Salkhua, Distt. - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,447,379,354 and 504/34 of the Indian Penal Code. It is alleged that in the background of fight of fiveyears-old-child of informant with other children, the petitioner caught hold of hair locks of the informant and dragged her to some distance and snatched silver chain of the informant. It is submitted by the learned counsel for the petitioners that even assuming the accusation no offence under section 354 IPC is made. It is further submitted that for the occurrence of

Patna High Court Cr.Misc. No.13575 of 2015 (2) dt.07-05-2015 17.2.2015 the FIR was registered on 23.2.2015 and there is counter version of the occurrence also. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Salkhua P.S. Case No. 26 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T