Md. Mahfooz Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19050 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -SAHPUR District- PATNA ======================================================

1. Md. Mahfooz Alam, Son of Late Md. Kamaruddin,

2. Sanjida Khatoon, Wife of Md. Mahfooz Alam,

3. Shah Alam, Son of Late Md. Kamaruddin,

4. Shama Praveen, Wife of Shah Alam, All are resident of Khedalpura Sarai, P.S.- Shahpur, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 89 of 2016 for the offences punishable under sections 354 (A), 323, 504, 506 and 379/34 of the I.P.C.

In the First Information Report the allegation under sections 354 (A) and 379 of the I.P.C. is against co-accused Md. Alam who is not the petitioner and against the petitioners there is general and omnibus allegation.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.19050 of 2017 (2) dt.23-05-2017 2/2 petitioners have been implicated without any cause, they were not present at the spot, co-accused Md. Alam has already been allowed regular bail by the learned court below itself and as such the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that against the petitioners there is no specific allegation.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. A.C.J.M. Danapur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T