Md. Abbash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61624 of 2021 Arising Out of PS. Case No.-143 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

MD. ABBASH Son of Md. Chhedi Mian Resident of Village - Maheshwa Tola Bela Ward no. 9, Police Station - Triveniganj, District - Supaul. 2.

Saimul Khatoon Wife of Ilias Resident of Village - Maheshwa Tola Bela Ward no. 9, Police Station - Triveniganj, District - Supaul. 3.

Shahida Khatoon Wife of Md. Chhedi Resident of Village - Maheshwa Tola Bela Ward no. 9, Police Station - Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 144, 149, 341, 323, 302, 380, 436 and 427 of the Indian Penal Code. It is a case of assault upon the informant and her father-in-law and other family members by means of lathi, bowarrow Knut etc due to which her father-in-law succumbed to injuries and they also set her house on fire and looted the household articles.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.61624 of 2021(3) dt.30-08-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that postmortem report shows that no any bone injury was found and cause of death is not ascertained and viscera report was kept reserved for FSL. It is also submitted that postmortem report has not supported the case of the prosecution and there is no specific allegation of assault against the petitioners. Petitioners have clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Supaul in connection with Triveniganj P.S. Case No. 143 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T