Md Manjoor @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39587 of 2020 Arising Out of PS. Case No.-150 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

MD MANJOOR @ MUNNA Son of Late Sallim Resident of Village - Birpur Lokhra, P.s.- Sadar (Mufassil), Distt.- Purnea. 2.

MD HASIM Son of Late Salim Resident of Village - Birpur Lokhra, P.s.- Sadar (Mufassil), Distt.- Purnea.

3.

SAKILA KHATOON W/o Md. Hasim Resident of Village - Birpur Lokhra, P.s.- Sadar (Mufassil), Distt.- Purnea.

4.

SONIA KHATOON D/o Md. Hasim Resident of Village - Birpur Lokhra, P.s.- Sadar (Mufassil), Distt.- Purnea.

5.

MD MUSTAK Son of Md. Hasim Resident of Village - Birpur Lokhra, P.s.- Sadar (Mufassil), Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mrs Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner No. 1 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner No. 1.

Heard learned counsel for the petitioner Nos. 2 to 5 and learned APP for the State.

Learned counsel for the petitioner Nos. 2 to 5 is

Patna High Court CR. MISC. No.39587 of 2020(3) dt.16-11-2021 2/3 directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner Nos. 2 to 5 are apprehending their arrest in a case registered under Sections 341, 323, 324,, 307, 379, 504 and 506/34 of the Indian Penal Code. The prosecution allegation, in short, is that due to trivial issue of flowing of water, the accused persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner Nos. 2 to 5 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner Nos. 2 to 5. The petitioner Nos. 2 to 5 have falsely been implicated in the present case. The petitioner Nos. 3 and 4 are ladies. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out..

On behalf of the State, it is submitted that the petitioner Nos. 2 to 5 are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner Nos. 2 to 5, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.39587 of 2020(3) dt.16-11-2021 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sadar (Muffasil) P.S. Case No. 150 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T