Patna High CourtCR. MISC./9813/2017allowed

Md. Zakir And ORS v. The State Of Bihar

2017-04-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9813 of 2017 (4) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9813 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -FALKA District- KATIHAR ======================================================

1. Md. Zakir Son of Md. Shakil

2. Sher Ali Son of Md. Shakil

3. Jabir Son of Md. Shakil

4. Nadir @ Nadir Hussain Son of Md. Shakil

5. Nausher Son of Late Musharu, All are residents of village- Magheli, P.S. Falka, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-04-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Falka Police Station Case No. 62 of 2016, disclosing offences under Sections 363, 366(A) and 354(B) of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners have been made accused in this case on account of an earlier case being Falka P.S. Case No. 33 of 2015 filed by

Patna High Court Cr.Misc. No.9813 of 2017 (4) dt.21-04-2017 the petitioner No.5, Nausher, and also complaint petition No. 2184 of 2015 filed by Bibi Azma Khatoon, who is said to be daughter of petitioner No.1, against the informant side by concocting the prosecution story. Hence, the petitioners, who are of clean antecedents, deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, 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 Additional Chief Judicial Magistrate-V, Katihar, in connection with Falka Police Station Case No. 62 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T