Patna High CourtCR. MISC./46003/2017bail granted

Masrul @ Bhaka And ANR v. The State Of Bihar

2017-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46003 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Masrul @ Bhaka S/o-Late Md. Idris,

2. Mehjabi, W/o-Masrul @ Bhaka, Both are Resident of Village-Thapkol, P.S.Jokihat, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Jokihat P.S. Case No. 220 of 2017 instituted for the offence under Sections 448, 341, 452, 323, 324, 307, 379, 354(B), 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the instant case has been lodged by the informant as a counter blast of Complaint Case No. 1480 of 2017 filed by petitioner No. 2 on 03.07.2017 against the informant, her husband and another accused person.

In the instant case, there is general and omnibus allegation against the petitioner No. 1 that he torn cloth of the

Patna High Court Cr.Misc. No.46003 of 2017 (3) dt.31-10-2017 2/2 informant and petitioner No. 2 along with others assaulted the informant.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Jokihat P.S. Case No. 220 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.