Md Irfan Kamil @ Irfan Kamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62001 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- KASBA District- Purnia ====================================================== 1.

Md Irfan Kamil @ Irfan Kamil Son of Late Md Iliyas 2.

Md Ajmal @ Md Ajmal Hussain Son of Ahmad Hussain 3.

Shah Ahad Kamil @ Shilu Son of Md Irfan Kamil @ Irfan Kamil All residents of Village - Dogachhi, P.S.- Kasba, District - Purnea ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 At the very outset, learned counsel for the petitioners submits that during pendency of this anticipatory bail petition, the petitioner no.1 Md Irfan Kamil @ Irfan Kamil has been arrested.

Accordingly, the anticipatory bail petition in respect of petitioner no.1 stands dismissed, as the same has become infructuous.

Heard learned counsel for the petitioner nos.2 and 3 and learned Addl. Public Prosecutor for the State. The petitioner nos.2 and 3 are apprehending their arrest in connection with Kasba P.S. Case No.110 of 2019 registered for the offence under Sections 323, 341, 153(a),

Patna High Court CR. MISC. No.62001 of 2019(3) dt.19-11-2019 2/3 385, 504 and 34 of the Indian Penal Code.

Accusation against the petitioners is that on 05.06.2019, while the informant along with his daughter, on the occasion of Idd, were going to the house of Md. Abid Hussain for feast and reached at the door, accused persons named in the F.I.R. suddenly started assaulting and demanded Rs. One lac as ransom. It is alleged that petitioner no.1 Md. Irfan Kamil catching the collar brutally assaulted and petitioner nos.2 and 3 are also alleged to have brutally assaulted the informant.

It is submitted by learned counsel for the petitioner that allegation are false and fabricated and in this case no injury has been done. He submits that from perusal of the F.I.R. it is evident that occurrence had taken place on 05.06.2019 and F.I.R. has been lodged on 07.05.2019 without any explanation of delay.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner nos.2 and 3, above named, in the event of their arrest or surrender within a period of six

Patna High Court CR. MISC. No.62001 of 2019(3) dt.19-11-2019 3/3 weeks from the date of receipt of the order, be enlarged 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 Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No.110 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C. (Anjani Kumar Sharan, J.) nawalkrs/- U T