Md. Sonu @ Ujalu Hak @ Ujlu Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55071 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- NARHATT District- Nawada ====================================================== Md. Sonu @ Ujalu Hak @ Ujlu Haque Son of Abdul Samad Resident of Village - Chhoti Pali, P.S.- Narhat, District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Narhat P.S. Case No. 172 of 2019, registered under Sections 341, 323, 354, 325, 307 and 34 of the Indian Penal Code.

The allegation against the petitioner, as per FIR, is that on 18.06.2019 at about 10:00 A.M. while the informant was cooking meal, her step son, who had come from Kolkata, suddenly confined her husband Abdul Samad along with her brother, thrashed the informant on surface and tried to outrage her modesty and also assaulted with iron rod on the head of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55071 of 2019(2) dt.02-09-2019 2/3 petitioner is step son of the informant and he lives in Kolkata as it would be evident from FIR itself. He further submits that there is dispute between the family members regarding the fact that wife and children of the petitioner are residing in the same house, which is being objected by the informant. He further submits that injury caused to the informant has been found simple in nature, which would be evident from Annexure-2 injury report.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are relatives, there is family dispute regarding the fact that wife and children of the petitioner are residing in the dwelling house and injury caused to the informant in simple in nature, I am inclined to grant anticipatory bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVith, Nawadah in connection with Narhat P.S. Case No. 172 of 2019; subject to condition as laid down hereinabove and under

Patna High Court CR. MISC. No.55071 of 2019(2) dt.02-09-2019 3/3 Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T