Nazir Khan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1197 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Nazir Khan
2. Shakir Khan
3. Amir Khan
4. Raifun Nesha.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 324, 326 and 307 of the Indian Penal Code. In the background of matrimonial dispute, it is alleged that Sanaullah assaulted the informant with Kharia twice and took away Rs.11,000/-, wrist watch and mobile.
It is submitted by learned counsel for the petitioners that in the FIR specific accusation is alleged only against Sanaullah (non-petitioner) and the accusation is not specific against these petitioners who are the family members of Sanaullah. During investigation, the accusation was found false and petitioners were not sent up for trial but differing with the final form, cognizance
Patna High Court Cr.Misc. No.1197 of 2015 (2) dt.13-01-2015 2/2 has been taken. There is counter version of the occurrence also and for the occurrence of 19.01.2014, the FIR was lodged on 21.01.2014.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Motihari in connection with Darpa P.S. Case No. 11 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T