Salam Mian @ Abdul Salam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58113 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- PANAPUR District- Saran ====================================================== 1.
Salam Mian @ Abdul Salam Son of Mojim Mian @ Abdul Mojib R/V- VILLAGE- RASAULI, P.S.- PANAPUR, DISTT.- SARAN 2.
KASIM MIAN @ MD. KASIM MIAN SON OF MOJIM MIAN @ ABDUL MOJIB R/V- VILLAGE- RASAULI, P.S.- PANAPUR, DISTT.- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mili Kumari For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 323, 324, 326, 307, 379, 504, 506, 34 of the Indian Penal Code.
3. As per prosecution case, the petitioners and other accused persons are alleged to have armed with lathi, danda rod and dab abused and assaulted the informant and his daughter in law. Petitioner no. 2 assaulted informant with dab on his head due to which he sustained head injury. When the other members of the family came to save the informant, they were too assaulted by the accused persons. Petitioner no. 1 assaulted the
Patna High Court CR. MISC. No.58113 of 2024(2) dt.18-09-2024 2/3 Suganti Devi with farsa and petitioner no. 2 thrashed her and assaulted with leg. They also assaulted the wife of the informant and snatched Mangal Sutra from the neck of daughter in law of the informant.
4. It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. Allegation of assault is general and omnibus. Counter case between the parties. As per medical report, doctor has found the injury simple in nature. Petitioners have one criminal antecedent and in that case, they are on bail.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioners.
6. Considering the aforesaid facts and circumstances and nature of injury is simple in nature, the prayer for grant of anticipatory bail to the petitioners are allowed.
7. Accordingly, let the above named petitioners, in the event of their arrest /surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 6, Saran, Chapra in connection with Panapur P.S. Case No. 91/2024, subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.58113 of 2024(2) dt.18-09-2024 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Ranjeet/- U T