Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1330 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== 1.

JAMIL AKHTAR SON OF ABDUL MAJI REIDENT OF VILLAGEBACHHARPUR,P.S-PUPRI,DISTRICT-SITAMARHI 2.

KHAITUN NISHA WIFE OF JAMIL AKHTAR REIDENT OF VILLAGEBACHHARPUR,P.S-PUPRI,DISTRICT-SITAMARHI 3.

ISSA @ AAYSHA DAUGHTER OF JAMIL AKHTAR REIDENT OF VILLAGE-BACHHARPUR,P.S-PUPRI,DISTRICT-SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Madhubala Verma For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 302/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the son of the informant due to which he sustained injuries and later succumbed to the injuries.

Patna High Court CR. MISC. No.1330 of 2021(2) dt.19-07-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is said to have assaulted the informant. There is no allegation of assault alleged against petitioner no. 1 in respect of the deceased. The petitioner nos. 2 and 3 are ladies. The allegation of assault against the deceased is alleged against co-accused Gulzar, Dilshad and Phul Babu. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, 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 their personal bonds to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Pupri P.S. Case No. 148/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.1330 of 2021(2) dt.19-07-2021 3/3 eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T