Mati Mehar Mejar @ Mehar Manjar @ Mehar Hussain And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50391 of 2017 Arising Out of PS.Case No. -2466 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================
1. Mati Mehar Mejar @ Mehar Manjar @ Mehar Hussain, wife of Dr. Manjar Nasim, R/o mohalla- Madhuban Chawani Chauk, P.S. Motihari Town, District- East Champaran,
2. Mohammad Sultan, son of Md. Raja Hussain, R/o village- Hardiya, P.S.- Turkauliya, District- East Champaran,
3. Rajnarain Singh, son of Late Ramashish Singh, R/o village- Raisingha, P.S. - Motihari Muffasil, District- East Champaran,
4. Shahbuddin Ansari, son of Mohammad Kabir Ansari, R/o villagePurushotampur, P.S. - Chhaurandano, District- East Champaran,
5. Jamila Khatoon, wife of Md. Yunus, R/o- village- Banjariya, P.S.- Banjariya, District- East Champaran.
.... .... Petitioner/s
Versus
1. State of Bihar
2. Lalit Narayan Mishra, son of Umashankar Mishra, R/o villageMadhuban Chawani Chauk ward no. 9, P.S.- Motihari Town, DistrictEast Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-11-2017 Heard learned counsel for the petitioner and the State. The petitioners apprehend arrest in Trial No. 1721 of 2016 arising out of Complaint Case No. C-2466 of 2015 instituted for the offence under Sections 323,504,506,295A, and 379 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that he is not running illegal Nursing Home rather it is registered. The registration certificate has been annexed as Annexure-2 and 2/1 to this petition. In the written report there is allegation that waste
Patna High Court Cr.Misc. No.50391 of 2017 (3) dt.07-11-2017 2/3 product from the nursing home was thrown towards the house of the informant. The learned counsel for petitioner has submitted that prior to the filing of the present case the petitioner no. 2 has filed a case against the complainant vide Motihari Town P.S. Case No. 730 of 2015 u/s 387,34 of the IPC. The instant case is a counter blast of that case.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Trial No. 1721 of 2016 arising out of C- 2466 of 2015 to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari subject to condition as laid down u/S 438
(2) of the 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 bonds of the petitioners and
(3) if the petitioners tamper with the evidence or the witnesses of
Patna High Court Cr.Misc. No.50391 of 2017 (3) dt.07-11-2017 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) khushbu/- U T