Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39450 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== 1.
Saddam Hussain, Son Of Gyasuddin Ansari Resident Of Village - Bhelwa, P.S. - Chhauradano, Distt. - East Champaran 2.
Sabila Khatoon, Wife Of Gyasuddin Ansari Resident Of Village - Bhelwa, P.S. - Chharuadano, Distt. - East Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar No.Iii For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 354(B) and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners and informant are related and there is land dispute in between the parties. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that as far as petitioner no.1 is concerned, it is alleged that he assaulted the informant with fist and leg and also took
Patna High Court CR. MISC. No.39450 of 2023(5) dt.13-02-2024 2/3 away Rs.10,000/- from his pocket. It is next submitted that with respect to petitioner no.2, it is alleged that she along with one Ajmeri Khatoon snatched two bags of ornaments worth Rs.50,000/-. It is next submitted that allegation of assault is against Gayasuddin Ansari.
4. The learned counsel for the petitioners thus submits that petitioners have been implicated based on general and omnibus allegation and the allegation of snatching Rs.10,000/- and two bags of ornaments is ornamental, when petitioners and informant are related. The learned counsel further submits that petitioners are persons with clean antecedent and petitioner no.2 is a female.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Chhauradano P. S. Case No.359 of 2022,
Patna High Court CR. MISC. No.39450 of 2023(5) dt.13-02-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T