Bibi Amina @ Amina And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25266 of 2017 Arising Out of PS.Case No. -394 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Bibi Amina @ Amina wife of Md. Ashfaque
2. Md. Afsar @ Nadim Afsar son of Md. Ashfaque
3. Md. Arshad @ Md. Arshad son of Md. Ashfaque
4. Abunasar @ Md. Abujar, son of Md. Ashfaque
5. Nillofer daughter of Md. Ashfaque
6. Md. Mojammil @ Mujammil son of Abu Nasar All are residents of village- Chiroh, P.S. Mahalgaon (Jokihat), District- Araria
7. Md. Azam son of Md. Yasin, resident of village Dhama, P.S.- Siomraha
8. Bibi Ummati wife of Md. Azam
9. Bibi Najrin wife of Md. Mohammil Both are resident of village Doriya, P.S. Simraha, District- Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Jokihar (Mahalgaon) P.S.Case No. 394 of 2016 registered under Sections 147, 148, 323, 324, 307, 379/34, 504 and 506 of the Indian Penal Code.
Considering the specific allegation made against petitioner no.2 Md. Afsar @ Nadim Afsar that he assaulted with farsa and petitioner no.4 Abunasar @ Md. Abujar that he
Patna High Court Cr.Misc. No.25266 of 2017 (2) dt.01-07-2017 2/2 assaulted with lathi on the person of the informant, I am not inclined to grant them pre-arrest bail. Accordingly, their prayer for pre-arrest bail is rejected.
So far as other petitioners, namely, petitioner no.1 Bibi Amina @ Amina, petitioner no.3 Md. Arshad @ Md. Arshad, petitioner no.5 Nillofer, petitioner no.6 Md. Mojammil @ Mujammil, petitioner no.7 Md. Azam, petitioner no.8 Bibi Ummati and petitioner no.9 Bibi Najrin are concerned, since there is omnibus and general allegation against them and the nature of injury do not corroborate that they had participated in the commission of the crime, in the event of their arrest or surrender before the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Araria in connection with Jokihat (Mahalgaon) P.S.Case No. 394 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/- U T