Patna High CourtCR. MISC./60501/2017bail granted

Md. Zafir And ANR v. The State Of Bihar

2017-12-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60501 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Md. Zafir,

2. Md. Abbas, Both are Sons of Md. Israil @ Negnu , R/o VillageGanouri, P.S.- Ghanshyampur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 379 and 504/34 of the Indian Penal Code.

The prosecution case is that in the background of dispute concerning grazing of the crop of the petitioners' side, by the goat of the informant side, the accused persons including the petitioners assaulted the wife of the informant and thereafter outraged her modesty. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.60501 of 2017 (2) dt.13-12-2017 2/2 petitioners that in the background of petty nature of dispute the accusation has been levelled. The injury report does not suggest any injury except pain in the body. It is further submitted that for the occurrence of 26.05.2017 the FIR was registered on 05.06.2017 but without any explanation for such inordinate delay. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Considering the delayed lodging of the case and the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Biraul, Darbhanga in connection with Ghanshyampur P.S. Case No. 95 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.