Md. Koushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64314 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Md. Koushar Son Of Md. Mustafa R/V- Badelogai, P.S- Jagdishpur, DistBhagalpur 2.

Md. Sadik @ Sadik Alam Son Of Md. Mustafa R/V- Badelogai, P.SJagdishpur, Dist- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Madan Mohan For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 The learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 325, 354, 504 and 506/ 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons including the petitioners

Patna High Court CR. MISC. No.64314 of 2022(2) dt.06-12-2022 2/3 came at her orchard and started abusing. Thereafter, Md. Koushar attacked her by farsa, but she saved herself. Thereafter, Md. Sadik ordered to kill, on which Md. Kaishar caught her with bad intention and assaulted her causing fracture of hand. The learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that Md. Sadik has been made an accused/ petitioner by alleging that he was order giver and as far as Md. Koushar is concerned, he is alleged to have assaulted her by farsa, but then, she managed to save herself and as such, was not injured. It is further submite4d that allegation of assaulting causing fracture of hand is against Md. Kaishar. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Jagdishpur P. S. Case No.199 of 2021, subject to the conditions laid down under

Patna High Court CR. MISC. No.64314 of 2022(2) dt.06-12-2022 3/3 Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T