Dil Mohammad Hawari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52958 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Dil Mohammad Hawari, aged about 18 years, Male, Son of Jalil Mian, Resident of Village - Jokatia,Nai Dih, P.S.- Majhaulia, District- West Champaran 2.

Bhikheen Khatoon, aged about 50 years, Female, Wife of Jalil Mian, Resident of Village - Jokatia,Nai Dih, P.S.- Majhaulia, District- West Champaran 3.

Khatuna Khatoon, aged about 25 years, Female, Wife of Hassan Jan Mian, Resident of Village - Jokatia,Nai Dih, P.S.- Majhaulia, District- West Champaran 4.

Munni Khatoon, aged about 30 years, Female, Wife of Pool Jhain Hawari, Resident of Village - Jokatia,Nai Dih, P.S.- Majhaulia, District- West Champaran 5.

Jalil Mian, aged about 55 years, Male, Son of Jalil Hawari @ Amir Mian, Resident of Village - Jokatia,Nai Dih, P.S.- Majhaulia, District- West Champaran ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Ram Kishun Prasad, Adv.

For the Opposite Party :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Majhaulia P. S. Case No. 121 of 2019, registered for the offences punishable under Sections 341, 323, 324, 307, 498(A) and 34 of the Indian Penal Code.

Petitioners happen to be in laws of the informant. The

Patna High Court CR. MISC. No.52958 of 2019(3) dt.16-11-2019 2/3 First Information Report goes to show that it was husband of the informant, who assaulted her. So far as petitioners are concerned, omnibus allegation of assault has been levelled against them.

No doubt, there is allegation against petitioner no. 3 that she poured kerosene oil on the body of the informant and on the order of petitioner no. 1, petitioner nos. 3 and 4 assaulted the informant with fists and slaps.

Learned counsel appearing for the petitioners submits that the photostat copy of injury report of informant has been annexed with supplementary affidavit and the injury report of informant goes to show that she sustained two injuries that too caused by hard and blunt substance.

Regard being had to the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners, above named, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with

Patna High Court CR. MISC. No.52958 of 2019(3) dt.16-11-2019 3/3 Majhaulia P. S. Case No. 121 of 2019, subject to conditions as laid down under Section 438(2) of the CrPC.

(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T