Raushan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56545 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== 1.

RAUSHAN KHATOON W/O- AJEEM MANSURI R/O- TIRHUTA ANAND, P.S.- BABUBARHI, DIST.- MADHUBANI.

2.

MD. ANSARI MANSURI @ MD. ANSARUL HAQUE S/O- AJEEM MANSURI R/O- TIRHUTA ANAND, P.S.- BABUBARHI, DIST.- MADHUBANI.

3.

MD. IZHAR MANSURI @ MD. IZHARUL HAQUE @ MD. IZHAR MANSURI S/O- MD. AJEEM MANSURI R/O- TIRHUTA ANAND, P.S.- BABUBARHI, DIST.- MADHUBANI.

4.

JIBACHH NADAF @ JIBACHH MANSURI S/O- LATE MALHU MANSURI R/O- TIRHUTA ANAND, P.S.- BABUBARHI, DIST.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagandeep Yadav, Advocate Mr.Ravi Prakash, Advocate Mr.Udeshya Kr. Yadav, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023

1. Heard the learned counsel for the petitioners and learned APP for the State.

2. This is an application for grant of anticipatory bail in connection with Babubarhi P.S. Case No.139 of 2023, registered for offences under Sections 341, 323, 307 and 34 of the IPC.

3. The allegation is regarding the accused persons having assaulted the informant.

Patna High Court CR. MISC. No.56545 of 2023(2) dt.30-08-2023 2/3

4. The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that admittedly the injuries, sustained by the informant have been found simple in nature, hence benefit of doubt be granted to the petitioners for the purposes of grant of bail.

5. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries, sustained by the informant have been found to be simple in nature, apart from the fact that the petitioners are having a clean antecedent, I deem, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

7. Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this

Patna High Court CR. MISC. No.56545 of 2023(2) dt.30-08-2023 3/3 order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Madhubani, in connection with Babubarhi P.S. Case No.139 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Saurav/- U T