Ful Mohammad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57338 of 2017 Arising Out of PS. Case No.-288 Year-2017 Thana- CHHATAPUR District- Supaul ======================================================
1. Ful Mohammad, Son of Late Md. Gaffur
2. Md. Gaffar @ Abdul Gaffar, Son of Late Fulach Miyan
3. Md. Khalil, Son of Ful Mohammad
4. Md. Talim, Son of Ful Mohammad
5. Md. Mustaque, Son of Md. Jamil
6. Md. Hamid @ Hamidu, Son of Md. Jamil, All are resident of Village- Pariyahi, Ward No. 3, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra For the Opposite Party/s :
Mr. SRI CHANDRA BHUSHAN PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek Anticipatory bail in connection with Chhatapur P.S. Case No. 288 of 2017 registered under Sections 147, 148, 149, 341, 323, 324,307, 379, 354, 504, and 506 of the Indian Penal Code.
Informant has alleged in his FIR that on 05.08.2017 at about 7:00 PM accused persons entered in his house and thereafter petitioner No. 3 Md. Khalil assaulted with iron rod on his daughter Samnur Khatoon and petitioner No. 4 Md. Talim assaulted by sharp cutting weapon on his daughter Kulsum Khatun and they suffered injuries from said assault. However
Patna High Court Cr.Misc. No.57338 of 2017(3) dt.20-02-2018 2/2 against petitioner No. 1 Md. Ful Mohammad there is allegation of order giver only and as per injury report only two daughters of informant suffered injury.
Considering the facts and circumstances of the case, the prayer of Anticipatory bail of petitioner No. 3 Md. Khalil and petitioner No. 4 Md. Talim is rejected. However prayer of Anticipatory bail of petitioner Nos. 1 Ful Mohammad, petitioner No. 2 Md. Gaffar, petitioner No. 5 Md. Mustaque and petitioner No. 6 Md. Hamid is allowed and petitioner Nos. 1, 2, 5 and 6 named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner Nos. 1, 2, 5 and 6 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 A.C.J.M.- 4th, Supaul, in connection with Chhatapur P.S. Case No. 288 of 2017 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
veena/- (S. Kumar, J) U T