Md. Quayum And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12538 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -RUPAULI District- PURNIA ======================================================
1. Md. Quayum, S/o Md. Sattar Ali,
2. Md. Saiyad, S/o Md. Jalal
3. Md. Shaif Ali, S/o Md. Jakir Husain
4. Md. Ijrail @ Md. Israil, S/o Md. Nazam. All are resident of VillageArajpur, P.S.- Chousa, District- Madhepura.
5. Md. Zakir, S/o Md. Aashik, resident of Village- Banki, P.S.- Rupauli (Akbarpur), District- Purnea.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Yadav, Advocate For the Opposite Party : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 384, 379, 376/511 and 325 of the Indian Penal Code and Section 27 of the Arms Act.
Heard learned counsel for the petitioners.
It has been submitted on behalf of the petitioners that there is a case and counter case between the parties. There is allegation of assault against the petitioners but all the injuries are found to be simple in nature, which will appear from Annexure-3 series. Though there is allegation of attempt to rape against petitioner no. 4 but the parties have settled the dispute outside the Court.
Patna High Court Cr.Misc. No.12538 of 2017 (2) dt.28-03-2017 2/2 Heard learned A.P.P. also.
Having heard both sides, in view of the facts and circumstances of the case, let above named petitioners no. 1, 2, 3 and 5, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-Ist, Purnia, in connection with Rupauli (Akbarpur) P.S. Case no. 144 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the investigation and make themselves available before the police as and when required.
So far as anticipatory bail of petitioner no. 4 is concerned, he is directed to surrender before the court below and make prayer for regular bail which shall be considered on its own merit without being prejudiced by the order of this Court. Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sudip/- U T