Md. Gholam Rasul @ Gulam Rashul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13063 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -BARSOI (SUDHANI) District- KATIHAR ======================================================

1. Md. Gholam Rasul @ Gulam Rashul, Son of Late Md. Raziuddin.

2. Bibi Tarranum Khatoon @ Bibi Tarranum, W/o Md. Gholam Rasul Both are Resident of Village- Kaswatoli, Police Station- Barsoi, DistrictKatihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barsoi (Sudhani) P.S. Case No. 6 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

It is alleged in the written report that both the petitioners assaulted the informant with Dabia on his head causing serious injury.

It has been submitted on behalf of the petitioners that there is case and counter case. In the counter case, the petitioner No. 2 sustained injury which has been annexed as Annexure-2 in

Patna High Court Cr.Misc. No.13063 of 2017 (2) dt.24-03-2017 2/3 which one of the injuries was found to be grievous in nature. The injury sustained by the informant in the instant case has been annexed as Annexure-4 which shows that the informant has sustained injury No. 1 to be grievous in nature caused by sharp cutting object dangerous to life.

In such circumstances, looking into the nature of injury, this Court is not inclined to grant anticipatory bail to petitioner No. 1, Md. Gholam @ Gulam Rashul.

The prayer for anticipatory bail of the petitioner No. 1 stands rejected.

However, he may surrender before the court below and make prayer for regular bail.

So far petitioner No. 2, Bibi Tranum @ Bibi Tarranum is concerned, there is no allegation of any specific overt against her and she is a lady.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner No. 2, Bibi Taranum @ Bibi Tarranum is allowed. In the event of surrender/arrest of the petitioner No. 2, named above, within six weeks from today, in connection with Barsoi (Sudhani) P.S. Case No. 6 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.13063 of 2017 (2) dt.24-03-2017 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438

(2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T