Md. Soni @ Md. Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 60997 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== 1.
MD. SONI @ MD. ANWAR SON OF MD. HEERA RESIDENT OF VILLAGE- BARO NAYA TOLA,WARD NO. 1, P.S-. PHULWARIYA DISTT -BEGUSARAI 2.
SAPNA KHATOON DAUGHTER OF MD. HEERA RESIDENT OF VILLAGE- BARO NAYA TOLA,WARD NO. 1, P.S-. PHULWARIYA DISTT -BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Phulwaria P.S. Case No. 122 of 2022 dated 20.07.2022, instituted for the offence punishable under Sections 147, 148, 149, 379, 341, 323, 307, 504, 506 and 354 of the Indian Penal Code.
3. The prosecution case, in short, is that the accused persons came at the house of the informant and started abusing. On raising objection they assaulted her. On raising alarm Md. Amjad, Md. Azad, Md. Bare Babu and Md. Romi came to save her but they were also assaulted. Md. Azad @ Chhote inflicted
Patna High Court CR. MISC. No. 60997 of 2023(2) dt.11-10-2023 2/3 iron rod blow on the head of Md. Amjad due to which he sustained head injury, Md. Iqbal @ Mantun imparted lathi blow on the head of Md. Bare Babu due to which he also sustained injury. All accused persons also assaulted Romi and Azad due to which they were badly injured.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners. The allegation is in the nature of general and omnibus. It is further submitted that both the parties are agnates. The matter has been settled between the parties and a compromise petition has been filed before A.C.J.M.-I, Begusarai. Lastly, it has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Phulwaria P.S. Case No. 122 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No. 60997 of 2023(2) dt.11-10-2023 3/3 amount each to the satisfaction of the learned A.C.J.M.-I, Begusarai, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T