Md. Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51665 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Md. Zakir, Son of Md. Abbas Resident of Village - Khaira Garhia, P.S.- Narpatganj, Dist.- Araria.

2.

Md. Abbas, Son of Late Hamid Resident of Village - Khaira Garhia, P.S.- Narpatganj, Dist.- Araria.

3.

Chunia Khatoon, D/o Md. Abbas Resident of Village - Khaira Garhia, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Narpatganj P.S. Case No.262 of 2019 for the offence punishable under Sections 341, 323, 324, 354(B), 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioners, as mentioned in the FIR is that the petitioner No.1 had stolen a sum of Rs. 15,000/- from the trunk of the informant. Petitioner No.1, Md. Zakir, had agreed to return the same in Panchayat and when the informant on 27.07.2019 went to the house of the petitioner at

Patna High Court CR. MISC. No.51665 of 2019(2) dt.19-08-2019 2/3 about 7:00 P.M., they started abusing and petitioner No.1 assaulted the informant by means of Farsa on his head. It has further been alleged that petitioner No.2 tried to outrage the modesty of the wife of the informant by pulling sari and also snatched the silver chain from the neck of the informant's wife. Mr. Ramesh Kumar Singh, learned counsel appearing for the petitioners submits that the petitioners and informant are co-sharer. Learned counsel further submits that the petitioners have falsely been implicated in this case inasmuch as the petitioners have not committed any offence in the manner alleged. Learned counsel relied upon Annexure-2 and submits the injury caused to the informant is simple in nature and both the parties have settled their dispute amicably by filing a a joint petition before the Court of learned C.J.M., Araria vide Annexure-3.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are related and the injury caused to the informant is simple in nature and the parties have already settled the dispute amicably, as such, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, all the petitioners, above named, are

Patna High Court CR. MISC. No.51665 of 2019(2) dt.19-08-2019 3/3 directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T