Patna High CourtCR. MISC./48871/2017bail granted

Md. Shamim And ANR v. The State Of Bihar

2017-11-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48871 of 2017 Arising Out of PS.Case No. -263 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Md. Shamim, S/o Late Israil,

2. Rahmati Begam, W/o Md. Shamim, Both R/o Village Rampur, P.S.- Warisnagar, Distt- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-11-2017 Heard learned counsel for the petitioners as well as learned Additional P.P.

This application, for grant of anticipatory bail, arises out of Warisnagar P.S. Case No. 263/2016, disclosing offences under Sections 341, 323, 354, 379, 506 and 504/34 of the Indian Penal Code.

There is only allegation that the persons, named in the F.I.R., were pestering the informant to withdraw the case and on that day snatched a sum of Rs. 10,000/- from her and for that the F.I.R. came to be registered.

Learned counsel for the petitioners has submitted that there is no case pending against these petitioners and,

Patna High Court Cr.Misc. No.48871 of 2017 (2) dt.17-11-2017 2/2 therefore, there is no question of pestering the informant for withdrawal of a case.

Considering the facts aforesaid, this application is allowed. Let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 263/2016, subject to the condition laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rakhi U T