Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36047 of 2020 Arising Out of PS. Case No.-59 Year-2020 Thana- JOGBANI District- Araria ====================================================== 1.

Md. Sabir, aged about 40 years, male, Son of Jakir Ansari. 2.

Md. Zakir, aged about 38 years, male, Son of Jakir Ansari. 3.

Afsana Khatoon, aged about 38 years, female, Wife of Md. Sabir. 4.

Farida Khatoon, aged about 35 years, Wife of Sagir. 5.

Shahnaz Khatoon, aged about 20 years, female, Daughter of Md. Sabir. 6.

Mehnaz Ansari @ Sahbaz Ansari, aged about 22 years, male, Son of Md. Sabir.

All are resident of Village - Ghusakipati, Jogbani, Ward No. 12, P.S. - Jogbani, Distt. - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2021 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Jogbani P.S. Case No. 59 of 2020, dated 23.02.2020, instituted for the offences under Sections 341, 342, 323, 324, 307, 354(B) and 506/34 of the Indian

Patna High Court CR. MISC. No.36047 of 2020(2) dt.05-04-2021 2/3 Penal Code.

It has been submitted on behalf of the petitioners that though they are said to have taken part in the assault but from the injury report of the informant, it appears that there is no external injury to her and she has only complained of body-ache. The injury report of the daughter of the informant, viz., Ishrat Khatoon was not on record at the time when the bail application was rejected by the learned Court below.

It has further been submitted that the petitioners are related to the informant and others and there is a land dispute between them with respect to apportionment of the ancestral property.

Considering the nature of accusation against the petitioners and taking into account the fact that they do not have criminal antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of eight 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

Patna High Court CR. MISC. No.36047 of 2020(2) dt.05-04-2021 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 59 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T