Md. Tarique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61015 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BARSOI District- Katihar ====================================================== 1.

Md. Tarique Son Of Md. Husain Resident Of Village- Masjid Chowk, PsBarsoi, Distt- Katihar. 2.

Md. Husain Son Of Md. Jalal @ Late Md. Jalaluddin Resident Of VillageMasjid Chowk, Ps- Barsoi, Distt- Katihar. 3.

Saiva Khatoon @ Saheba Khatoon Wife Of Md. Tarique Resident Of Village- Masjid Chowk, PS- Barsoi, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 307, 427, 504 and 34 of the Indian Penal Code.

3. As per F.I.R., the specific allegation against the petitioner no. 1 is that he had assaulted the son of the informant and injury was found to be grievous in nature which is clear from the impugned order. Regarding petitioners no. 2 and 3 there is general and omnibus allegation against both the petitioners.

4. It is submitted by learned counsel for the petitioners that petitioners are falsely been implicated in this case. There is

Patna High Court CR. MISC. No.61015 of 2023(3) dt.13-10-2023 2/2 case and counter case between the parties and both the parties had sustained injuries.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstances of the case, let the above named petitioners no. 2 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barsoi P.S. Case No. 124 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Considering the facts and circumstances of case, I am not inclined to enlarge petitioner no. 1 on anticipatory bail. The prayer for anticipatory bail of the petitioner no. 1 is hereby rejected.

(Anjani Kumar Sharan, J) Ranjeet/- U T