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Patna High CourtCR. MISC./4146/2017allowed

Lukhiya Khatoon @ Lukhia Khatoon And ORS v. The State Of Bihar

2017-06-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.4146 of 2017 (5) dt.19-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4146 of 2017 Arising Out of PS.Case No. -261 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Lukhiya Khatoon @ Lukhia Khatoon W/o- Munna Safi

2. Munna Safi @ Munna Sari S/o Gafur Safi

3. Md. Saddam Safi @ Saddam Safi S/o- Gafur Safi

4. Gafur Safi @ Gafoor Safi S/o- Late Sadique Safi All resident of village- Makkhachak, P.S.- Bakhri, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Adv. For the Opposite Party/s : Mr. Sri Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bakhri Police Station Case No. 261 of 2015, disclosing offences under Sections 341, 323, 504, 308/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the parties happen to be the close agnates. Though there is allegation of assault on the head of the informant but there is no injury report available on the record. No case under Section 308 of I.P.C. is made out

Patna High Court Cr.Misc. No.4146 of 2017 (5) dt.19-06-2017 against the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Begusaria, in connection with Bakhri Police Station Case No. 261 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T