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Patna High CourtCR. MISC./60913/2017disposed

Md. Washid @ Wasik @ Md. Wasid And ANR v. The State Of Bihar

2017-12-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60913 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Washid @ Wasik @ Md. Wasid, son of Kabul,

2. Rashid @ Rasid, Son of Kabul, Both are resident of village Kota, P.s. Barsoi (Sudhani O.P), District-Katihar.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barsoi (Sudhani O.P) P.S. Case no. 172 of 2017, registered under Sections 147, 148, 323, 341, 324, 307, 379 and 504 of the Indian Penal Code.

The accusation is that on 20.06.2017 quarrel started in between Bilkish Khatoon and Bohidi Khatoon due to plucking of the lemon. At that time, eight persons named in the F.I.R., including the petitioners variously armed with knife, Sword, Fasla and Khanti came to the informant and petitioner No.1 caused injury through knife at the forehead of Sony Khatoon, whereas petitioner No.2 caused injury at the face of informant Jahur.

Learned counsel for the petitioners submits that while

Patna High Court Cr.Misc. No.60913 of 2017 (2) dt.14-12-2017 2/2 informant has stated about causing injury to him by Rashid petitioner No.2 and also about causing injury Sony by Rashid, but Sony in her statement as detailed in paragraph No.7 of the case diary stated that she was assaulted by Md. Wasid (Petitioner No.1). The injuries as found on the person of the informant is said to be caused by sharp cutting weapons.

Having regard to the facts and circumstances of the case, let petitioner No.2 Rashid @ Rasid be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Barsoi (Sudhini O.P) P.S. Case No. 172 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Having considered the facts and circumstances of the case and the nature of allegation against petitioner No.1 Md. Washid @ Wasik @ Md. Wasid, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) manish/- U T