Hasmuddin Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79534 of 2018 Arising Out of PS. Case No.-268 Year-2018 Thana- PAHARPUR District- East Champaran ======================================================

1. Hasmuddin Mian, S/o Sukat Mian

2. Firoj Mian S/o Hasmuddin Mian

3. Sukat Mian S/o Late Butai Mian All are resident of village -Amwa Birit,P.S-Paharpur, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 354(B), 379, 504, 506/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons entered into the house of the informant and tried to illbehave with the wife of the informant and on hulla the accused persons started fleeing and managed to escape. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the

Patna High Court Cr.Misc. No.79534 of 2018(2) dt.05-02-2019 2/2 parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Pahar Pur P.S. Case No. 268 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T