Dablu Mian @ Md. Dablu @ Dablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43797 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== 1.
Dablu Mian @ Md. Dablu @ Dablu Son of Gani Mian @ Gani Anwar @ Md. Ganwar Resident of village - Miskarhi Mathiya, Police Station - Mairwa, District - Siwan.
2.
Mubali Khatoon @ Mibali Khatoon @ Muali Khatoon @ Kalibun Nesha Wife of Gani Mian @ Gani Anwar @ Md. Ganwar Resident of village - Miskarhi Mathiya, Police Station - Mairwa, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sachida Nand Rai, Advocate For the State :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 447, 324, 307, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, co-accused Gani Anwar and these two petitioners assaulted informant by means of sword and lathi.
4. It is submitted by learned counsel appearing on behalf of the petitioners that doctor has found no injuries on the body of informant, which itself falsifies the entire prosecution case. Moreover, from bare perusal of the F.I.R. it is apparent that specific accusation of assault by means of sword is
Patna High Court CR. MISC. No.43797 of 2024(2) dt.24-07-2024 2/2 against co-accused Gani Anwar. 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, the fact that no injuries have been sustained by the informant 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 Additional Chief Judicial Magistrate-VII, Siwan, in connection with Mairwa P.S. Case No. 54 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