Md. Maksood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55288 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Md. Maksood S/o Md Hasmool R/o vill - Ashoi Lachhiram, P.S. - Bhagwanpur, Distt. - Vaishali 2.

Md. Hasnain S/o Md Hasmool R/o vill - Ashoi Lachhiram, P.S. - Bhagwanpur, Distt. - Vaishali 3.

Md. Ali S/o Md Hasmool R/o vill - Ashoi Lachhiram, P.S. - Bhagwanpur, Distt. - Vaishali 4.

Md. Hasmool S/o Late Md. Salim R/o vill - Ashoi Lachhiram, P.S. - Bhagwanpur, Distt. - Vaishali 5.

Angoori Khatoon W/o Md. Maksood R/o vill - Ashoi Lachhiram, P.S. - Bhagwanpur, Distt. - Vaishali 6.

ravina Khatoon @ Rana Khatoon @ Heena Khatoon W/o Md Parvej Alam R/o vill - Ashoi Lachhiram, P.S. - Bhagwanpur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP Mr. Dharmendra Kumar Paswan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024 Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 326, 307, 504, 506 of the Indian Penal Code in connection with Bhagwanpur P.S. Case No.93 of 2024.

3. The learned counsel for the petitioners seeks

Patna High Court CR. MISC. No.55288 of 2024(2) dt.02-09-2024 2/3 permission to withdraw the anticipatory bail application with respect to petitioner no.2 and 3 as they have been arrested during pendency of the instant anticipatory bail application.

4. Permission is accorded.

5. Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner no.2 and 3.

6. It is next submitted that petitioners are persons with clean antecedent and petitioner no.5 and 6 are women. It is next submitted that informant alleges that on 11.4.2024 Parvej was playing vulgar songs, on objection Irfan caught both hands of her husband and thereafter Parvej assaulted her husband by fists causing injury on left eye, thereafter, the accused persons also assaulted her husband.

7. The learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of holding the hands of the husband of the informant is against Irfan and Parvej is alleged to have assaulted him by fists causing injury left eye, but then as far as petitioners are concerned the allegation against them is general and omnibus in nature.

8. The learned APP and the learned counsel appearing on behalf of the informant opposes the anticipatory bail

Patna High Court CR. MISC. No.55288 of 2024(2) dt.02-09-2024 3/3 application, but then are not in a position to rebut the submissions of the learned counsel for the petitioners that specific allegation of assaulting the husband of the informant is against Parvej and Irfan is alleged to caught his hand and the allegation against the petitioner of assault is general and omnibus.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.93 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T