Md. Daud And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64128 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- PURAINI District- Madhepura ======================================================
1. Md. Daud,
2. Md. Saiyad Both Sons of Sadik,
3. Md. Khalil S/o-Binhu,
4. Md. Rayis S/o-Md. Idrish,
5. Md. Mistar S/o-Md. Khalil, All Resident of Village-Ganeshpur, Diyara, P.S. Puraini, District-Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha For the Opposite Party/s :
Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Puraini P.S. Case No. 95 of 2018 dated 15.06.2018 instituted for the offences under Sections 341, 323, 324, 354A, 448, 380, 308, 385, 504 and 506/34 of the Indian Penal Code.
Petitioner no. 1 is the brother of the informant Sakina Khatoon who is alleged to have assaulted her husband leading to one simple and one grievous injury. After some arguments, learned counsel for the petitioners seeks permission to withdraw the petition with respect to petitioner no. 1 to enable him to
Patna High Court Cr.Misc. No.64128 of 2018(2) dt.14-12-2018 2/3 surrender before the court below and seek regular bail. The prayer is allowed.
The case of the petitioner no. 1 is dismissed as withdrawn with the liberty aforesaid.
The FIR reveals that at the time when the informant was trying to break the fast during Ramjan days, the petitioners and others, numbering total of about 11 persons came and assaulted the informant and others. An attempt was made to disrobe the informant as well.
Learned counsel appearing for the petitioners has submitted that in fact the petitioner no. 1 and the informant are own brother and sister and petitioner no. 1 whose case has been dismissed as withdrawn had earlier filed a case vide Puraini P.S. Case No. 93 of 2018 against the sons of the informant.
Regard being had to the general and omnibus nature of allegation against petitioners no. 2, 3, 4 and 5 and the background facts, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court Cr.Misc. No.64128 of 2018(2) dt.14-12-2018 3/3 Judicial Magistrate 1st Class, Udakishunganj at Madhepura in connection with Puraini P.S. Case No. 95 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T