Md. Safujul @ Safiur Rahman And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72836 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- JALE District- Darbhanga ======================================================
1. Md. Safujul @ Safiur Rahman, (aged about 68 yrs), Son of Late Md. Hanif @ Hanif Momin,
2. Rizwana Khatoon, Wife of Md Safujul @ Safiur Rahman, Both are resident of Village- Dodhara, P.S.- Jalley, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sudha Ambastha, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2018 The petitioners, who are the husband and wife amongst themselves, seek bail in anticipation of their arrest in connection with Jalley P.S. Case No. 84 of 2018, dated 31.05.2018, instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 325, 307, 354(B), 504, 506 and 379 of the Indian Penal Code.
The informant has alleged in the F.I.R. that the
Patna High Court Cr.Misc. No.72836 of 2018(2) dt.21-12-2018 2/3 petitioners and others assaulted him and have also made attempts to disrobe his daughter.
The learned counsel for the petitioners has submitted that an absolutely false case has been lodged by the informant against the petitioners and others. It has been submitted that the petitioners were sitting in their house and they have been made accused in this case for oblique purposes. The reason for falsely implicating the petitioners is that the wife of the informant had earlier filed a complaint case vide C.R. No. 421 of 2018 in which the petitioner No. 1 was cited as an witness. On refusal of petitioner No. 1 to depose in favour of the wife of the informant, the present case has been lodged.
The injuries suffered by the victims are all simple in nature.
Considering the background facts and the age of the petitioner No. 1 and petitioner No. 2 being his wife, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are
Patna High Court Cr.Misc. No.72836 of 2018(2) dt.21-12-2018 3/3 directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Jalley P.S. Case No. 84 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T