Md. Hamid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62246 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- BAUSI District- Araria ====================================================== Md. Hamid aged 50 Years S/o Late Gafur, R/o Vill.- Gunwanti, P.S.- Bausi, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,325,379 and 354B/34 of the IPC.

The prosecution case as per the written report of Bibi Rabisa Khatoon dated dated 2.2.2018 submitted to the SHO, Bausi is to the effect that on 20.1.2018 at about 4 P.M. she caught two she-goats which were grazing her crop, in the meantime, eight accused persons including the petitioner came and assaulted her. It is further alleged that the accused persons disrobed her and took away her jewellery.

It is submitted by learned counsel for the petitioner that for the occurrence of 20.1.2018, the FIR was registered on 2.2.2018 when the petitioner side lodged Bausi P.S. Case No. 5 of 2018

Patna High Court Cr.Misc. No.62246 of 2018(2) dt.11-12-2018 2/2 against the informant side with accusation under Sections 341,323,324,325,379,354B,504,506,427/34 of the IPC. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that there is accusation against the petitioner in the FIR.

Considering the delayed lodging of the FIR and the accusation being omnibus and general against the petitioner, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Bausi P.S. Case No.7 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U