Male Kastur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24119 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -RAUTARA District- KATIHAR ======================================================
1. Male Kastur Son of Late Sawed Ali
2. Sirajul @ Md. Sirajul Son of Male Kastur
3. Parwez @ Md. Parwez Son of Jahangir
4. Zuber Son of Shamsher Ali
5. Amina Khatoon W/o Male Kastur
6. Rofina W/o Jahangir
7. Alia Ara Khatoon W/o Shamsher Ali All are residents of village - Churli Ghat, P.S. - Rautara, Dist - Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2016 Learned counsel for the petitioners is permitted to make necessary correction in the cause title of the application, as according to him, name of the father of petitioner NO.4 has wrongly been typed in the application. Let it be done in course of the day.
Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Rautara P.S. Case No. 14 of 2016, disclosing offences under Sections 147, 148, 149, 341,323.324,307, 354, 379,504/34 of the Indian Penal Code.
The petitioners are members of the same family,
who have been made accused in the First Information Report. It is evident from the cause title that petitioner No.2 is son of petitioner No.1 and petitioner No. 5 is the wife of petitioner No.1. Similarly, petitioner Nos. 3 and 4 are son and father. Petitioner Nos. 4 and 5 are son and mother.
Learned counsel for the petitioners has submitted that there is no allegation of assault against these petitioners though there is specific allegation against one Md. Safiquer. It has been submitted that apparently, occurrence took place over a petty dispute.
Considering the genesis of the occurrence and the accusation against these petitioners, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four 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 Judicial Magistrate, Ist Class, Katihar in Rautara P.S. Case No. 14 of 2016, 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) ArunKumar/- U