Patna High CourtCR. MISC./19199/2016bail granted

Khush Mohammad And ORS v. The State Of Bihar

2016-05-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19199 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -BARAULI District- GOPALGANJ ======================================================

1. Khush Mohammad son of Sultan

2. Sabir Mian @ Md. Shabir, Son of Kush Mohammad

3. Hashim Mian @ Hasim son of Khush Mohammad

4. Hafijun Nesa, wife of Khush Mohammad All Resident of village- Jaffar Tola, P.S.- Barauli, District- Gopalganj .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Barauli P.S.Case No. 47/2016, disclosing offences under sections 341, 323, 307, 379, 354/34 of the Indian Penal Code. Learned counsel for the petitioners appears to be correct in his submission that no offence under section 307 of the Indian Penal Code is made out and the occurrence took place because of petty dispute between the parties.

Considering the submission, as above, this application is allowed.

Let the petitioners, abovenamed, in the event of their

Patna High Court Cr.Misc. No.19199 of 2016 (2) dt.13-05-2016 arrest/ surrender before the court below within six weeks from today, be released 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 the Chief Judicial Magistrate, Gopalganj in Barauli P.S.Case No. 47/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U