Md. Majlum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48072 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- BARARI District- Katihar ====================================================== 1.

Md. Majlum Son Of Late Umar Ali R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar 2.

Md. Kalam Son Of Late Umar Ali R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar 3.

Md. Dildar Son Of Md. Majlum R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar 4.

Saheba Khatoon D/O- Md. Majlum R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar 5.

Marjina Khatoon Wife Of Md. Majlum R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar 6.

Sanjeeda Khatoon Wife Of Shamsher Ali R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar 7.

Md. Nisar Son Of Shamsher Ali R/O- Nunni Haji Tola, P.S.- Barari (SEMAPUR), Distt.- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 325, 379, 354, 504 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and Petitioner Nos.

Patna High Court CR. MISC. No.48072 of 2024(2) dt.18-07-2024 2/3 4, 5 and 6 are women. It is next submitted that informant alleges that accused persons including the petitioners came and assaulted her by lathi, rod etc. and called her witch and also took away cash and jewellery.

4.

Learned counsel for the petitioners submits that petitioner have been falsely implicated in the instant case and allegation of assault is general and omnibus in nature. It is also submitted that the informant does not disclose where she got treated. It is further submitted that had so many accused assaulted the informant then definitely she would have suffered injuries for which she would have been treated by some doctor or Hospital, but then that is not the case. It is also submitted that there is a delay of one day in instituting the instant FIR. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.48072 of 2024(2) dt.18-07-2024 3/3 the case is pending/successor court in connection with Barari (Semapur O.P) P.S. Case No. 84 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T