Md. Mahila @ Mahila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59407 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Md. Mahila @ Mahila, Son of Nanku Miya, Resident of Village - Maheshpur, P.S.- Pipra, Distt - Supaul.

2.

Chhathu @ Md. Chhathu Mansuri, Son of Nanku Miya, Resident of Village - Maheshpur, P.S.- Pipra, Distt - Supaul.

3.

Md. Shamsher, Son of Md. Mahila @ Mahila, Resident of Village - Maheshpur, P.S.- Pipra, Distt - Supaul.

4.

Md. Alisher @ Md. Aliser, Son of Md. Mahila @ Mahila, Resident of Village - Maheshpur, P.S.- Pipra, Distt - Supaul. 5.

Md. Tahir, Son of Late Sabdul, Resident of Village - Madhopur, P.S.- Chhatapur, Distt - Supaul.

6.

Md. Ibrahim @ Bechan, Son of Md. Tahir, Resident of Village - Madhopur, P.S.- Chhatapur, Distt - Supaul.

7.

Md. Kuddus, Son of Md. Tahir, Resident of Village - Madhopur, P.S.- Chhatapur, Distt - Supaul.

8.

Md. Rahish, Son of Md. Tahir, Resident of Village - Madhopur, P.S.- Chhatapur, Distt - Supaul.

9.

Md. Anis, Son of Md. Tahir, Resident of Village - Madhopur, P.S.- Chhatapur, Distt - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This is an application for grant of anticipatory bail in connection with Chhatapur P. S. Case No. 43 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 354A, 365, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, it appears that petitioners and

Patna High Court CR. MISC. No.59407 of 2019(2) dt.19-09-2019 2/3 other accused persons came variously armed, caught hold the wife and son of the informant and tied in the pillar and tear the cloth of his wife and taken away his son. There is also allegation of snatching of jwellery.

Submission of the learned counsel for the petitioners is that earlier wife of petitioner no.5 has filed a complaint case against the informant and others with respect to outrage modesty and other sections. Further submission is that there was a case going on between the parties under Section 498A of IPC and matrimonial case also and moreover, both the parties have compromised the case, which will appear from Annexure 4 and compromise petition has been filed before the Sessions Judge. Heard learned A.P.P. also.

Having heard both sides, in view of the facts, as stated above and also considering the compromise petition filed before the learned Sessions Judge, let the petitioners, above named, surrender before the court below within two weeks from the date of receipt of certified copy of this order, on surrender, they will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M.-VI, Supaul, in connection with Chhatapur P. S. Case No. 43 of 2019, subject

Patna High Court CR. MISC. No.59407 of 2019(2) dt.19-09-2019 3/3 to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that they have to co-operate in the investigation and appear as and when required. (Vinod Kumar Sinha, J) Sunil Shukla/- U T