Shamsher Alam @ Tamanna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34624 of 2025 Arising Out of PS. Case No.-498 Year-2024 Thana- BIKRAM District- Patna ====================================================== 1.
Shamsher Alam @ Tamanna son of Asmat Ali Resident of Sundarpur P.S -Bikram, Dist- Patna 2.
Sahjaha Khatoon Wife of Asmat Ali Resident of Sundarpur P.S -Bikram, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2025 Heard Mr. Pramod Kumar, learned counsel for the petitioners and the State.
2. The petitioners are apprehending their arrest in connection with Bikram P.S. Case No. 498 of 2024 for the offence under sections 303(2), 351(2), 351(3), 352 and 3(5) of the Bhartiya Nyaya Sanhita lodged on 26.11.2024 by the informant, Noorjahan Praveen.
3. As per the prosecution story, the informant who is sister of petitioner no. 1 alleged that she had affixed an iron gate which was broken by her brothers. She called the Police on 112 whereafter, they threatened her of dire consequences. This led to the FIR.
Patna High Court CR. MISC. No.34624 of 2025(2) dt.22-05-2025 2/3
4. Learned counsel for the petitioners submit that due to land dispute, the matter arose, only to make it stringent, the stolen story has been recorded, they are ready to face the trial and have no criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the submissions of the parties as also that one of the petitioner is an old lady and both of them have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VI, Danapur in connection with Bikram P.S. Case No. 498 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.34624 of 2025(2) dt.22-05-2025 3/3 dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T