Md. Mohid And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34420 of 2016 Arising Out of PS.Case No. -215 Year- 2015 Thana -PANDAUL District- MADHUBANI ======================================================
1. Md. Mohid Son of Md. Jeebachh
2. Md. Farukh, son of Md. Ishlam, Resident of Village- Biraul Palas Banni, P.S.-Pandaul, District- Madhubani .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : M/s Vikramdeo Singh, Gagan Deo Yadav, Advocates For the State : Mr. Sri Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 26-09-2016 I have heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in a case registered for offences punishable under Sections 447, 147, 341, 323, 354 and 379 of the Indian Penal Code.
Learned counsel for the petitioners submits that though benefit of Section 41 (1) of Code of Criminal Procedure was given to the petitioners and police was permitted them to execute bond only but they were not taken in custody and were not released on bail. Thereafter, charge-sheet had been submitted. Therefore, anticipatory bail would be maintainable in view of the
Patna High Court Cr.Misc. No.34420 of 2016 (2) dt.26-09-2016 2/2 decision of a co-ordinate Bench of this Court rendered in Gauri Shankar Roy Vs. The State of Bihar [2015(3) PLJR 618. It is contended that other accused persons have been granted regular bail and obviously there was civil dispute between the parties and it is highly improbable that the entire family would gather in the house of the informant and one of them would try to outrage her modesty in presence of entire family members. It is further contended that this appears to be false implication for the obvious reason.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Pandaul P.S. Case No. 215 of 2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) Spd/- U T