Md. Jamshed @ Md. Jamshed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58173 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- BAUSI District- Araria ====================================================== 1.

MD. JAMSHED @ MD. JAMSHED ALAM Son of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria 2.

Md. Neved @ Nawed Alam Son of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria 3.

Md. Parwej @ Md. Parwej Alam Son of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria 4.

Md. Tabrej @ Md. Tabrej Alam Son of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria 5.

Bibi Nikhat @ Nikhat Parween Daughter of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria 6.

Md. Juned @ Md. Juned Alam Son of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria 7.

Bibi Kansari @ Jahira Khatoon Wife of Md. Asfaque Alam @ Md. Asfaque Resident of Village - Harpur, Ward No. 4, P.S.- Bousi, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-09-2019 This application, for grant of anticipatory bail, arises out of Bousi P.S. Case No. 76 of 2019, disclosing offences under Sections 147, 341, 323, 324, 354, 379, 506, 504/34 of the Indian Penal Code.

Allegation against the petitioners, who are seven in numbers is that they came armed with lathi and danda and

Patna High Court CR. MISC. No.58173 of 2019(2) dt.16-09-2019 2/2 assaulted the informant and when his brother and sister came for his rescue, then the petitioners also assaulted them and they tried to outrage the modesty of the sister of informant. Submission of learned counsel for the petitioners is that there is case and counter case between the parties and case lodged by the petitioners' side is earlier to the present case. However, in this case no specific allegation has been attributed to the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Bousi P.S. Case No. 76 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T