Md. Hakimuddin @ Bhuta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63155 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- ABADPUR District- Katihar ====================================================== 1.
Md. Hakimuddin @ Bhuta Son of Late Md. Mojeem @ Gara Resident of Village Puria Police Statiuon Abadpur District Katihar 2.
Masrufa Khatoon @ Musrufa Khatoon Wife of Md. Hakimuddin @ Bhuta Resident of Village Puria Police Statiuon Abadpur District Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad, Advocate For the State :
Mr. Kumar Ranjit Ranjan, APP For the Informant : Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Abadpur P.S. Case No.05 of 2023 instituted under Sections 341, 323, 324, 307, 504, 506, 379 and 34 of the Indian Penal Code.
3. The allegation against petitioner no.1 is that he assaulted the informant with sword and petitioner no.2, who is a lady, has also assaulted the informant with kick and danda. The other co-accused Dilwar is alleged to have assaulted the informant on his hand with sickle (hasua) causing hand injury.
4. Learned counsel for the petitioners submits that there is a case and counter case between the parties. The injury caused
Patna High Court CR. MISC. No.63155 of 2023(2) dt.18-10-2023 2/2 by petitioner no.1 is found to be simple in nature. The allegation against petitioner no.2 is general and omnibus. Petitioners have no criminal antecedent.
5. Learned counsel for the informant and learned A.P.P. for the State oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Katihar in connection with Abadpur P.S. Case No.05 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T