Md. Akhter Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55272 of 2019 Arising Out of PS. Case No.-1319 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== 1.

MD. AKHTER HUSSAIN Son of Md. Zafir @ Haji Md. Zafir Ahmad Resident of Village-Alinagar, Police Station-Saharsa, District-Saharsa (Bihar).

2.

Md. Azizur Rahman @ Babu Sahab Son of Zafir Ahmad @ Haji Md. Zafir Ahmad Resident of Village-Alinagar, Police Station-Saharsa, DistrictSaharsa (Bihar). ... ... Petitioners

Versus

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

For the Petitioner/s :

Md. Abdul Mannan Mr.Dr. Abdus Shakoor For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Saharsa Sadar P.S. Case No. 1319 of 2018 for the offence punishable under Sections 341, 323, 435, 384, 427, 504 and 506/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners has submitted that all the offences, except the offence punishable under Section 384 of the Indian Penal Code, are bailable. He has submitted that the allegation of demand of ransom is ornamental in nature so as to add gravity to the allegation. He has submitted that civil dispute between the parties is the reason behind lodging of false criminal case. He

Patna High Court CR. MISC. No.55272 of 2019(3) dt.04-09-2019 2/2 has submitted that there is no injury sustained by any person. Considering the facts and circumstances, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 learned C.J.M., Saharsa, in Saharsa Sadar P.S. Case No. 1319 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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) Pawan/- U T