Rozana Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43347 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== 1.
ROZANA KHATOON W/O- TUTU MIYAN VILLAGE- MISKAR TOLI, WAR NO. 19, P.S.- RAMNAGAR, DISTT.- WEST CHAMPARAN 2.
BHANU MIAN @ MANU MIAN SON OF SATAR MIYAN VILLAGEMISKAR TOLI, WAR NO. 19, P.S.- RAMNAGAR, DISTT.- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Milind Kumar Mishra, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, on 18.02.2024 at about 7:30 PM, all the accused persons named in the F.I.R., including these petitioners, armed with lathi and danda, arrived at house of informant and thereafter, assaulted informant and his family members. It is further alleged that they also snatched cash and mobile phone of informant. Reason of the scuffle is hot talk between the informant and co-accused Haliyafiz Mian for Rs. 1,500/-.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.43347 of 2024(2) dt.25-07-2024 2/2 behalf of the petitioners that from bare perusal of the F.I.R. it is apparent that due to previous money dispute, the alleged occurrence took place. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. 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 accusation 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 Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Ramnagar P.S. Case No. 74 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