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Patna High CourtCR. MISC./26752/2016bail granted

Madina Khatoon And ORS v. The State Of Bihar

2016-08-10Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26752 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================

1. Madina Khatoon wife of Hadish Ansari

2. Noor Jahan Khatoon wife of Ibrahim Ansari

3. Islam Mian son of Rsool Mian

4. Ashif Mian son of Late Noor Jahan Mian

5. Salim Mian son of Bala Hussain All resident of Village- Batal Chauraha, P.S.- Kateya, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 147/148/149/341/323/324/337/338/332/333/307/353/427/504/120B of the Indian Penal Code.

Learned counsel for the petitioners submits that the present First Information Report was lodged against 45 named persons and 250 unknown persons who are said to have started assaulting the police party by means of Lathi, Bhala, Farsa, sword and bricks causing injury to the police party thus, causing breach of

Patna High Court Cr.Misc. No.26752 of 2016 (3) dt.10-08-2016 P2/2 peace and hindrance to the police party in discharging their duties. Learned counsel submits that the petitioners, though named in the First Information Report, have not been assigned with any specific role and at best, can be treated to be a member of the mob. So far as two main other accused persons are concerned, they are not the present petitioners.

In view of the aforementioned facts and circumstances, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 37/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T