Md. Mukhtar @ Mukhtar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39636 of 2018 Arising Out of PS.Case No. -900 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Mukhtar @ Mukhtar S/o- Late Sidique @ Late Siddique,
2. Md. Afaque @ Ashfaque S/o- Md. Mukhtar @ Mukhtar,
3. Md. Irfan Alam @ Urfan @ Md. Irfan S/o- Md. Mukhtar @ Mukhtar, All resident of Village- Gajbi, Ganjbhang, Ward No. 10, P.S. Simraha (Forbesganj), District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 The petitioners are apprehending their arrest in connection with Forbesganj P.S. Case No. 900 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504, 354 and 379 of the Indian Penal Code. Allegation against the petitioners and others of assaulting the informant and her husband causing miscarriage of pregnancy of the informant.
Submission of learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and the husband of the informant has not taken the names of these petitioners.
Heard learned A.P.P. as well as learned counsel for the
Patna High Court Cr.Misc. No.39636 of 2018 (4) dt.20-08-2018 2/3 informant, they have opposed the prayer for anticipatory bail of the petitioners on the ground that petitioners were instrumental in the whole incident causing miscarriage of pregnancy of the informant.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Araria, in connection with Forbesganj P.S. Case No. 900 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.39636 of 2018 (4) dt.20-08-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T