Md. Minhaj Alam @ Minhaj Alam And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60483 of 2018 Arising Out of PS.Case No. -192 Year- 2017 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Md. Minhaj Alam @ Minhaj Alam, S/o Md. Sattar Marhum,

2. Md. Auranzeb S/o Md. Minhaj Alam, R/o Vill.- Kavirpur and Distt.- Sheikhpura.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Tabasum Praveen W/o Jamil Alam, R/V- Kavirpur , P.S.- Jairampur, Distt.- Sheihpura.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 192C of 2017 in which cognizance has been taken for the offences punishable under Sections 323, 341, 354, 379 of the Indian Penal Code.

The petitioners have been summoned to face trial in Complaint Case No. 192 C of 2017 and the allegation against petitioner no. 1 is that he ordered the other accused and on his order, the other accused assaulted the complainant and others. So far as petitioner no. 2 is concerned, it is said that he gave iron rod blow causing injury on the leg of witness Ladli Khatoon.

Patna High Court Cr.Misc. No.60483 of 2018 (2) dt.06-10-2018 2/2 Submission on behalf of the petitioners is that the wife of petitioner no. 1 lodged Jairampur P.S. Case No. 16 of 2017 for the offences punishable under Section 307 and other minor sections of the Indian Penal Code against the aforesaid Ladli Khatoon as well as others including father of witness no. 1 of the present case for the occurrence dated 29.04.2017 and in retaliation to the aforesaid case, the complainant has brought this false case after three days of the alleged occurrence and no injury report was placed by the complainant before the court below.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released 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 learned 1st Additional Sessions Judge, Sheikhpura in Complaint Case No. 192 C of 2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/AbhijeetU T