Imam Hussain And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48962 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Imam Hussain, S/o Tufani Khan,

2. Shyam Sunder Singh, Son of Gauri Shankar Singh, Both R/o VillagePipra, P.S.- Ramnagar, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sharma For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 The learned counsel for the petitioners seeks permission to withdraw prayer of pre-arrest bail of petitioner no.1, namely, Imam Hussain as he has been arrested. Permission is granted. Accordingly, prayer for prearrest bail of petitioner no.1 is dismissed as withdrawn. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner no.2, namely, Shyam Sunder Singh apprehends his arrest in connection with Ramnagar P.S. Case No. 20 of 2017 for the offences punishable under sections 341, 323, 324, 325, 379, 307 and 504/34 of the I.P.C.

Patna High Court Cr.Misc. No.48962 of 2017 (4) dt.12-12-2017 2/3 Allegedly, the petitioner and other co-accused prohibited the informant and her husband for loading cattle's dung and they assaulted them and when sons and daughters of the informant came there they were also assaulted and when the informant was going to the police station in the way they were assaulted again by them.

Submission is of false implication and that against petitioner no.2, Shyam Sunder Singh, there is no specific allegation for committing any overtact, the allegations are omnibus and general in nature, due to enmity and dirty village politics the petitioner has been implicated, the petitioner is the covillager and the offences are bailable except section 307 of the I.P.C which is not attracted against the petitioner. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that there is no specific allegation against petitioner no. 2, namely, Shyam Sunder Singh, and as such he, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M,

Patna High Court Cr.Misc. No.48962 of 2017 (4) dt.12-12-2017 3/3 Bagaha, West Champaran in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T