Md. Ashfaque And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12468 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -BISFI District- MADHUBANI ======================================================
1. Md. Ashfaque , Son of Md. Motibur Rahman @ Md. Motibur @ Kailu Rahman,
2. Md. Mutaque , Son of Md. Motibur Rahman @ Kailu Rahman,
3. Md. Chhotu @ Isteyak , Son of Late Md. Jakir,
4. Md. Jahangir , Son of Md. Zakir, All Resident of Village- Aosoudih, P.S.- Bisfi, District- Madhubani, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 The petitioners are apprehending their arrest in connection with Bisfi P.S. Case No. 186 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 436, 504 of Indian Penal Code.
It has been submitted on behalf of the petitioners that petitioners have been falsely implicated in this case. there is case and counter case between the parties and in this case only general and omnibus allegation of assault has been levelled and all the injuries caused to informant side are found to be simple in nature except one injury which was inflicted on the head of one Md. Rahmutulla, however the said injury is also not life threatening.
Patna High Court Cr.Misc. No.12468 of 2017 (2) dt.24-03-2017 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the facts and circumstances of the casse, nature of injuries inflicted by the petitioners on informant side and also there is case and counter case, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 186 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates
Patna High Court Cr.Misc. No.12468 of 2017 (2) dt.24-03-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U