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Patna High CourtCR. MISC./1459/2022bail granted

Md. Sahajuddin @ Sajabuddin @ Sahabuddin v. The State Of Bihar

2022-07-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1459 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- DAGARUA District- Purnia ====================================================== MD. SAHAJUDDIN @ SAJABUDDIN @ SAHABUDDIN Son of Sukruddin Resident of Village- Manikpur, P.S.- Dagarua, District- Purnia. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Helal Ahmad For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dagarua P.S. Case no. 80/2021 instituted for the offence under Sections 147, 149, 341, 323, 325, 326, 307, 417 of the Indian Penal Code. As per allegation in the FIR, after forming an unlawful assembly with common intention, accused persons entered into the courtyard of the informant and they started to abuse and assault to her Father-in-law as a result of which bleeding from his head. When informant went there to rescue him, she was also beaten up by coaccused Shamsad resulting into her abortion of three months pregnency.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.1459 of 2022(2) dt.26-07-2022 2/2 He has got no criminal antecedent. From perusal of the impugned order, it reveals that doctor has found one simple head injury to father-in-law of the informant. It is submitted by learned counsel for the petitioner that one of the similarly situated accused persons has already been granted anticipatory bail by this Court. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dagarua P.S. Case no. 80/2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnia subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U