Hasimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46182 of 2019 Arising Out of PS. Case No.-203 Year-2017 Thana- JOKIHAT DistrictAraria ====================================================== 1.

HASIMUDDIN Son of Late Badruddin Resident of Village - Chilhaniya, P.S.- Mahalgaon, Distt - Araria.

2.

Md. Hasrat Son of Hasimuddin Resident of Village - Chilhaniya, P.S.- Mahalgaon, Distt - Araria.

3.

Md. Musa @ Musa Son of Hasimuddin Resident of Village - Chilhaniya, P.S.- Mahalgaon, Distt - Araria.

4.

Bibi Tabassum @ Tabassum Wife of Md. Hasrat Resident of Village - Chilhaniya, P.S.- Mahalgaon, Distt - Araria.

5.

Rubana @ Sabana Wife of Md. Musa @ Musa Resident of Village - Chilhaniya, P.S.- Mahalgaon, Distt - Araria.

6.

Bibi Zarina Wife of Hasimuddin Resident of Village - Chilhaniya, P.S.- Mahalgaon, Distt - Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Md. Naushad Uzzoha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 354B, 504, 506/34 of the Indian Penal Code registered in connection with Jokihat (Mahalgaon) P.S. Case No. 203 of 2017.

3. It is submitted that the petitioners have been falsely implicated and in any event cognizance has been taken under Section 354 IPC while all other sections are bailable. It is submitted that the said provisions of Section 354 IPC is not

Patna High Court CR. MISC. No.46182 of 2019(2) dt.26-07-2019 2/2 applicable as the informant is a male. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Ashish Ranjan, learned Judicial Magistrate Ist Class, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 203 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner nos.

4, 5 and 6 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 1, 2 and 3 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T