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Patna High CourtCR. MISC./51132/2023disposed

Md. Usman v. The State Of Bihar

2023-08-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51132 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== 1.

Md. Usman Son Of Late Jahur Shah Resident Of village- Kalasan, Ward No 04 PS- Chousa District- Madhepura 2.

Md. Sameer Son Of Md. Rizwan Nadaf Resident Of village- Kalasan, Ward No 04 PS- Chousa District- Madhepura 3.

Md. Nisarul Son Of Md. Usman @ Surdas Resident Of village- Kalasan, Ward No 04 PS- Chousa District- Madhepura 4.

Mumtaz Son Of Md. Usman @ Surdas Resident Of village- Kalasan, Ward No 04 PS- Chousa District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner Nos. 1 and 3.

2. Permission is granted.

3. The anticipatory bail application with regard to above named petitioner Nos. 1 and 3 is dismissed as withdrawn.

4. Petitioner Nos. 2 and 4 apprehend arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 325, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.51132 of 2023(2) dt.18-08-2023 2/2

5. Allegation against all the F.I.R. named accused persons including this petitioner is that they entered into the courtyard of the informant and assaulted her. When husband of the informant came to rescue her, he was also assaulted by the accused persons. Doctor has found the injury caused by these petitioners to be simple in nature.

6. Considering the simple nature of injury, this anticipatory bail is allowed and it is ordered that let the above named petitioner Nos. 2 and 4 in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Sub-Divisional Judicial Magistrate, Udakisunganj, Madhepura in connection with Chousa P. S. Case No. 94 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This case is disposed of.

(Prabhat Kumar Singh, J) Navya/- U T