Hashim Baitha, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32381 of 2020 Arising Out of PS. Case No.-206 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.
Hashim Baitha, Son of Janif Baitha @ Janif Saafi, Resident of Village - Manorganj, P.S.- Majorganj, District- Sitamarhi. 2.
Hakim Baitha @ Hakim Saafi, Son of Janif Baitha @ Janif Saafi, Resident of village - Majorganj, P.S. - Majorganj, District- Sitamarhi. 3.
Rehana Khatoon, Daughter of Janif Baitha @ Janif Saafi, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 4.
Muskan Khatoon, Daughter of Janif Baitha @ Janif Saafi, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 5.
Janif Baitha @ Janif Saafi, Son of Late Ali Akbar Baitha, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 6.
Jhagaru Baitha @ Sanif Baitha, Son of Late Ali Akbar Baitha, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 7.
Mushar baitha @ Mahboob Baitha, Son of Late Ali Akbar Baitha, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 8.
Hazra Khatoon, Wife of Janif Baitha @ Janif Saafi, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 9.
Muleja @ Mulekha khatoon, Wife of Hasim Baitha @ Hasim Saafi, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. 10.
Hasina Khatoon, Wife Mushar Baitha @ Mahboob Baitha, Resident of village - Majorganj, P.S. - Majorganj, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-02-2021 Heard the learned counsel for the petitioners and the State.
The petitioners seeks bail in anticipation of their arrest in connection with Majorganj P.S. Case No. 206 of 2019 dated 25.11.2019 instituted for the
Patna High Court CR. MISC. No.32381 of 2020(2) dt.09-02-2021 2/3 offences under Sections 147, 148, 323, 324, 307, 354 and 379 of the Indian Penal Code.
There is a general and omnibus allegation in the FIR of the petitioners having assaulted the informant and his family members by means of sharp cutting weapon and hard and blunt substance. The petitioners are also alleged to have taken away Rs. 60000/- from the house of the informant.
It has been urged on behalf of the petitioners that the FIR has been lodged after two months of the occurrence and that also without any specific accusation. The purpose for lodging the case is to create a defence in Majorganj P.S. Case No. 207 of 2019 which was lodged on the basis of a complaint filed by the petitioner no. 3/Rehana Khatoon.
Considering the background facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 206 of 2019, subject to the conditions as laid
Patna High Court CR. MISC. No.32381 of 2020(2) dt.09-02-2021 3/3 down under Section 438(2) Cr.P.C.
While saying so, this Court has taken note of the fact that the petitioners have no criminal antecedents.
(Ashutosh Kumar, J) krishna/- U T