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Patna High CourtCR. MISC./67348/2018bail granted

Sultan Sheikh @ Sultan Shekh And ORS v. The State Of Bihar

2018-12-03Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67348 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Sultan Sheikh @ Sultan Shekh Son of late Hanif Sheikh

2. Aklakh Sheikh Son of Late Hanif Sheikh

3. Anwar Ahmad Sheikh Son of Aklakh Sheikh

4. Meraj Sheikh Son of Aklakh Sheikh All are Resident of VillageGangapur, Police Station- Chainpur, District- Kaimur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pathak For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Chainpur P.S. Case No. 26 of 2018 registered for the offences punishable under Sections 341, 323, 354-B, 504/34 of the Indian Penal Code.

The informant claims that petitioner no. 3 made attempt to outrage her modesty on 28.12.2017 but anyhow, she with the help of others got saved her and made attempt to

Patna High Court Cr.Misc. No.67348 of 2018(2) dt.03-12-2018 2/3 lodge the first information report but petitioners threatened her as well as her family members. However, subsequently, she lodged the case with concerned police station but his case was not registered as a result whereof she filed complaint case on 06.01.2018 which was converted into police case. Submission on behalf of the petitioners is that petitioners are quite innocent and as a matter of fact, on 28.12.2017 the family members of informant badly assaulted the petitioners for which Chainpur P.S. Case No. 343 of 2017 for the offences punishable under Sections 341, 323, 307, 504/34 of the I.P.C. was lodged against the family members of the informant and in retaliation to the aforesaid case, the accused of Chainpur P.S. Case No. 343 of 2017 got filed the present case through the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Kaimur at Bhabua in Chainpur P.S. Case

Patna High Court Cr.Misc. No.67348 of 2018(2) dt.03-12-2018 3/3 No. 26 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T