Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35481 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- JOKIHAT District- Araria ====================================================== 1.

Nasim, Son of Sk. Serajuddin, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

2.

Naiyer @ Naiyar Alam Son of Sk. Serajuddin, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

3.

Sanichra @ Saiyad, Son of Sk. Serajuddin, Resident of Village-Siktiya, P.SJokihat, District-Araria. 4.

Ajim, Son of Late Barouddin, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

5.

Momina, Wife of Shamshad, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

6.

Afsana, Wife of Sharif, Resident of Village-Siktiya, P.S-Jokihat, DistrictAraria. 7.

Husnara, Wife of Nasim, Resident of Village-Siktiya, P.S-Jokihat, DistrictAraria. 8.

Jubadi, Wife of Sk. Serajuddin, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

9.

Serajuddin, Son of Late Sahbud, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

10.

Sayada, Wife of Shamim @ Samim, Resident of Village-Siktiya, P.S-Jokihat, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s :

Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 This is an application for grant of anticipatory bail in connection with Jokihat P. S. Case No. 60 of 2019, disclosing offences under Sections 341, 323, 324, 354B, 379, 448, 504, 34 of the Indian Penal Code.

Prosecution case is that accused persons along with petitioners came to the house of informant, variously armed and

Patna High Court CR. MISC. No.35481 of 2019(3) dt.09-08-2019 2/3 one Shamim has assaulted the informant on his head by Dabiya. Further, he has assaulted by rod, due to that, he became unconscious and when nephew and his bhabhi came to save him, all the accused persons also assaulted them. They have thrashed his Bhabhi and disrobe her.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties. Nothing specific has been attributed against them, rather specific allegation against one Shamim and Shamshad. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 60 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T

Patna High Court CR. MISC. No.35481 of 2019(3) dt.09-08-2019 3/3