Md. Talim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24075 of 2018 Arising Out of PS.Case No. -64 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================
1. Md. Talim,
2. Md. Monajir @ Md. Monajir Hasan.
3. Md. Parvej @ Md. Parvej Alam, All are Sons of Md. Ajij Uddin, resident of Village- Rampur, Police Station Gogri, District Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gogri Police Station Case No. 64 of 2016, disclosing offences under Sections 323, 341, 448, 354, 379/34 of the Indian Penal Code.
Allegation against the petitioners is of trying to outrage the modesty of wife of informant and there is also allegation against the petitioners is of assault to the informant. Learned Counsel for the petitioner has submitted that out and out false and fabricated allegations have been leveled against the petitioners and no such occurrence has ever
Patna High Court Cr.Misc. No.24075 of 2018 (2) dt.02-05-2018 2/3 taken place and there was dispute between the parties with regard to raising of boundary wall and the allegation that petitioners, who are the full brothers tried to outrage the modesy of the wife of informant, looks improbable. It has also been submitted that petitioner no. 2 has also lodged a case against the informant, his wife and his son being Gogri P.S. Case No. 164/16 Having heard both sides, considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - Khagaria or the concerned court where the case is pending, in connection with Gogri Police Station Case No. 64 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition that:- I.
One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.
II.
The petitioners shall cooperate in the
Patna High Court Cr.Misc. No.24075 of 2018 (2) dt.02-05-2018 3/3 investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T