Akbar Shah @ Md. Akbar Shah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53139 of 2018 Arising Out of PS.Case No. -130 Year- 2017 Thana -JALE District- DARBHANGA ======================================================
1. Akbar Shah @ Md. Akbar Shah son of Md. Shamim Shah @ Mukhtar Sha
2. Gulshan Khatoon wife of Amirul Shah
3. Dilkhez Shah son of Mustafa Shah, All resident of Village- Manam Khedu, P.S.- Jalley, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shama Sinha For the State : Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 354, 504 of the Indian Penal Code and 3⁄4 of Witch (Dayan) Prohibition Act, 1999. The prosecution case, in brief, is that accused persons having entered into house of the informant, assaulted her with fist and slaps as also, administered dirty stool.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in this case due to previous
Patna High Court Cr.Misc. No.53139 of 2018 (2) dt.20-09-2018 enmity. There is no other substantial evidence to suggest the implication of the petitioners in the present case. A vague allegation has been made in the FIR. The allegation made in the FIR is denied by the petitioners.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six 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 Additional Chief Judicial Magistrate-Ist, Darbhanga in connection with Jalley P.S. Case No. 130 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T