Md. Islam Naddaf @ Islam Mansuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43484 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.
Md. Islam Naddaf @ Islam Mansuri Son of Thithar Naddaf R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 2.
Md. Mosim Naddaf @ Mohammad Mosim Mansuri@ Chharpa @ Chharpa Mansuri Son of Thithar Naddaf R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 3.
Kulsum Khatoon @ Kulsum Kumari Wife of Md. Islam Naddaf R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 4.
Jahida Khatoon @ Jaeeda Khatoon Wife of Kalam Mansuri R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 5.
Md. Mustkeem Naddaf @ Md. Mustkim Son of Thithar Naddaf R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 6.
Fatma Khatoon @ Fatiya Khatoon @ Fatma Mansuri Wife of Thithar Naddaf R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 7.
Aarif Hussain @ Jueeya Son of Md. Musa R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Baleshwar Kamat, Advocate For the State :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, assaulted the sons of the informant
Patna High Court CR. MISC. No.43484 of 2024(2) dt.23-07-2024 2/3 as a result of which they sustained injuries.
4. It is submitted by learned counsel appearing on behalf of the petitioners that as a matter of fact, the two sons of the informant had some quarrel with son of Petitioner No. 4, which led to an altercation between the parties in which both sides sustained injuries. It is further submitted that there is case and counter-case between the parties and Jhanjharpur P.S. Case No. 28 of 2024 has been lodged by Petitioner No. 5 against the informant and others, which is earlier in point of time. Moreover, the injuries sustained by the injured have been opined to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on 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 A.C.J.M. Ist,
Patna High Court CR. MISC. No.43484 of 2024(2) dt.23-07-2024 3/3 Jhanjharpur, District- Madhubani, in connection with Jhanjharpur P.S. Case No. 29 of 2024 (G.R. No. 218 of 2024), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T