Md. Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3274 of 2019 Arising Out of PS. Case No.-15012 Year-2014 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Md. Azam Son of Late Jamir Haidar Resident of Village- Ward No.- 10, Bakhri, P.S.- Bakhri, District- Begusarai.

2.

Shabana Praween @ Sabbo Wife of Late Jameer Haidar, Ward No. 10, Nagar Panchayat Bakhri, P.S.- Bakhri, District- Begusarai. 3.

Juhi Khatoon Wife of Md. Azam Resident of village- Garhi Tola, Nagar Panchayat Bakhri, ward no.- 10, P.S.- Bakhri, District- Begusarai. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ranjeet Ram S/O- Late Rajendra Ram R/Vill- Bakhri, P.O.- Bakhri, P.S.- Bakhri, Distt.- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raj Kumar Sinha For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the appellants and learned counsel for the respondent-State.

The appellants have challenged the order dated 8.7.2019 passed by the Special Judge, SC/ST (POA), Begusarai in A.B.P. No.1191 of 2019 in connection with Complaint case No.15012C of 2014 registered for the offences under Sections 323, 307, 384, 147, 385 of the Indian Penal Code and Section 3(i) (x) of SC/ST Act, whereby the prayer made on behalf of the appellants for grant of anticipatory bail has been rejected. Prosecution case, in short, is that the accused persons

Patna High Court CR. APP (SJ) No.3274 of 2019(3) dt.27-11-2019 2/3 surrounded the complainant and started abusing him by defaming his caste name and asked him as to why he did not give Rs.25,000/- which were given to complainant for his livelihood and thereafter the accused persons started assaulting him with lathi, danda and wounded him.

It has been submitted on behalf of the appellants that the appellants No.2 and 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellants. There is no injury report in respect of the offence under Section 307 of I.P.C. Appellants No.2 and 3 are ladies. Due to village politics, the appellants have been made accused in this case.

On behalf of the respondent-State, it is submitted that the appellants are named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, this Court is inclined to and sets aside the order dated 8.7.2019, refusing to grant anticipatory bail to the appellants. Let the appellants, 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) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. APP (SJ) No.3274 of 2019(3) dt.27-11-2019 3/3 Special Judge, SC/ST (POA), Begusarai in connection with Complaint case No.15012C of 2014.

The appeal stands allowed.

(Sudhir Singh, J) Narendra/- U T