Md. Zafar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42852 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== 1.
MD. ZAFAR Son of Late Md. Hashim Resident of Village - Maheshpatti, P.S. - Singhwara, District - Darbhanga 2.
Md. Dabeer @ Md. Dabir @ Dabeer Ahmad Son of Late Abdul Rashid Resident of Village - Hayatpur, P.S. - Singhwara, District - Darbhanga ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Iqbal Asif Niazi For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Singhwara P.S. Case No. 164 of 2018 for the offence punishable under Sections 341, 323, 325, 307, 354, 379 and 447/34 of the Indian Penal Code.
It appears from the First Information Report that members of the same family have been implicated, including the female members. There is allegation against petitioner No.1 of having made assault with sharp cutting weapon in the head of the informant, whereas it is alleged against petitioner No.2 of having assaulted the informant with khanti.
My attention has been drawn to the injury report to submit that the injuries have been found to be caused by hard
Patna High Court CR. MISC. No.42852 of 2019(2) dt.11-07-2019 2/2 and blunt substance, which belies the case of the prosecution. It has also been submitted that counter case has also been registered in which the informant is an accused. Both the sides have sustained injuries and there is apparent land dispute, which is the reason behind the occurrence.
Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released 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 the learned A.C.J.M.-V, Darbhanga in Singhwara P.S. Case No. 164 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T