Sk. Sadique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56997 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- AMDABAD District- Katihar ====================================================== 1.

SK. SADIQUE Son of Late Naushad Resident of Village-Channi Seez, P.S.- Amdabad, District-Katihar.

2.

SK. RAJAAN Son of Late Naushad Resident of Village-Channi Seez, P.S.- Amdabad, District-Katihar.

3.

SK. SAAJAN @ SK. SAJAAN Son of Late Naushad Resident of VillageChanni Seez, P.S.-Amdabad, District-Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Bimal Kumar, Advocate For the State :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 354, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, these petitioners along with other co-accused persons are alleged to have assaulted the informant and her family members.

4. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is general and omnibus allegation of assault against Petitioner Nos. 1 and 3. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.56997 of 2023(3) dt.06-12-2023 2/2 for grant of anticipatory bail and submitted that there is specific accusation of assault against Petitioner No. 2 and who is alleged to have caused grievous injury to the informant.

6. Considering the specific role and nature of injury and aforesaid facts and circumstances, the prayer for anticipatory bail of the Petitioner No. 2 is rejected. So far as Petitioner Nos. 1 and 3 are concerned, there is general and omnibus allegation of assault against them and hence prayer for grant of anticipatory bail of Petitioner Nos. 1 and 3 is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let Petitioner Nos. 1 and 3, above named, 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 Judicial Magistrate-1st Class, Katihar, in connection with Amdabad P.S. Case No.120 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T