Shamsher Alam @ Samser Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34360 of 2020 Arising Out of PS. Case No.-357 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

SHAMSHER ALAM @ SAMSER ALAM S/o Md. Muslim Miyan Resident of Village- Aulhanpur Tola, Kishunpura, P.S.- Madhaurah, District- Saran. 2.

Fakruddin Son of Md Taiyab Resident of Village- Aulhanpur Tola, Kishunpura, P.S.- Madhaurah, Dist- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 354, 354A, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, due to land dispute, the accused persons having armed with lathi, danda came to the house of the informant and started abusing and assaulted her. It is also alleged that they tried to outrage her modesty.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the

Patna High Court CR. MISC. No.34360 of 2020(2) dt.17-03-2021 2/2 present case. There is case and counter case between the parties. For a petty reason, free fight is alleged to have taken place between the parties. General and omnibus allegation has been made against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 357 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T