Syed Muntazir Raza @ Mausam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32685 of 2014 Arising Out of PS.Case No. -519 Year- 2013 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Syed Muntazir Raza @ Mausam .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioner and the State. The petitioner being the brother-in-law of the informant is apprehending arrest in a case registered for the offences punishable under Sections341, 323, 325, 307, 506 and 353/34 of the Indian Penal Code.

It is alleged that when the informant came to attend the case lodged by the father of the petitioner under Section 498A IPC against the informant of the present case and others, the petitioner and other accused persons assaulted the informant and his father inside the court room after court proceeding. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. The petitioner was not present on the place of occurrence. Moreover, other similarly situated accused persons Syed Afzal Hussain and Syed Asghar

Patna High Court Cr.Misc. No.32685 of 2014 (4) dt.22-06-2015 2/3 Raza were granted provisional anticipatory bail order dated 25.04.2014 which was confirmed by a co-ordinate Bench of this Court vide order dated 08.04.2015 passed in Cr. Misc. No. 6609 of 2014.

Learned counsel for the informant files a counter affidavit, let it be kept on record, and submits that petitioner along with others assaulted the informant in the court room and the matter was reported to the District Judge also. Considering the fact that the accusation has been levelled in the background of litigated relationship between the parties from before and similarly situated accused persons have been granted anticipatory bail, on deposit of `15,000/- before the learned court below which will be released in favour of the informant, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Laheriasarai P.S. Case No. 519 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Learned court below will be at liberty to cancel the

Patna High Court Cr.Misc. No.32685 of 2014 (4) dt.22-06-2015 3/3 bail bonds of the petitioner if he defaults for two consecutive occasions (Dinesh Kumar Singh, J) Amrendra/- U T