Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43332 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- RAUTA District- Purnia ====================================================== 1.

Salam Son of Late Latif, Resident of Village - Akhitiyarpur, P.S.- Routa, District - Purnea.

2.

Imtiyaz @ Itiyaz Son of Akbar, Resident of Village - Akhitiyarpur, P.S.- Routa, District - Purnea.

3.

Tamanna Begum Wife of Salam, Resident of Village - Akhitiyarpur, P.S.- Routa, District - Purnea.

4.

Rabjina Begum Wife of Akbar, Resident of Village - Akhitiyarpur, P.S.- Routa, District - Purnea ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Routa P.S. Case No. 10 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to land dispute as counter blast of Rauta P.S. Case No. 9 of 2009. Petitioners have no criminal antecedent. It is also submitted that there is general and omnibus allegation against the petitioners and

Patna High Court CR. MISC. No.43332 of 2019(4) dt.24-09-2019 2/3 no specific overt act has been alleged against the petitioners. Considering the facts and circumstances of this case, wherein the allegation against the petitioner no. 1 that he had given a knife blow on the head and chest of the victim Ajiman is not substantiated from the injury found on the body of said Ajiman and learned APP for the State has informed that there is one simple injury on the body of Ajiman which is said to have been caused by hard and blunt substance, as also the injury found on the body of the informant is not that of a farsha blow and the same has also been found simple in nature, let in the event of their arrest or surrender within a period of four weeks from today, the petitioners abovenamed be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, II, Purnea in connection with Routa P.S. Case No. 10 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.43332 of 2019(4) dt.24-09-2019 3/3 disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T