Tayyaba And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33840 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -BAUSI District- PURNIA ======================================================

1. Tayyaba, W/o Md. Jamal,

2. Md. Jamal S/o Hafiz Kurban,

3. Taiyyab @ Md. Taiyab S/o Md. Jamal,

4. Md. Taha S/o Md. Jamal,

5. Tarannum D/o Md. Jamal,

6. Khalida W/o Afzal, All Residents of Vill.- Surigaon, P.S.- Baisi, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2018 The petitioners are apprehending their arrest in connection with Baisi P.S. Case No. 76 of 2018, registered for offences punishable under Sections 323, 341, 504, 307, 379/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the father of the informant and the villagers. Specific allegation against the petitioner nos. 3 and 4 is that they assaulted by Lathi. Submission of learned counsel for the petitioners is that F.I.R. itself shows that Panchayati was going on for partition and there is case and counter case between the parties. So far injury is concerned, only one injury is grievous on the person of the father

Patna High Court Cr.Misc. No.33840 of 2018 (4) dt.11-09-2018 2/3 of the informant and two persons are said to have assaulted to the father of the informant.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides, in view of the above facts, 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 Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 76 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it 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

Patna High Court Cr.Misc. No.33840 of 2018 (4) dt.11-09-2018 3/3 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 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) chn/Amjad/- U T