Jamilurrahman @ Sukhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65407 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.
JAMILURRAHMAN @ SUKHARI S/O Late Mainul Haque R/O VillageWard No-8, Lahsaniya P.S- Patahi (Puchpakri O.P) District- East Champaran 2.
Sabiun Nesha W/O Jamilurrahman @ Sukhari R/O Village- Ward No-8, Lahsaniya P.S- Patahi (Puchpakri O.P) District- East Champaran 3.
Noor Saba @ Noor Saba Khatun D/O Jamilurrahman @ Sukhari R/O Village- Ward No-8, Lahsaniya P.S- Patahi (Puchpakri O.P) District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Patahi P.S. Case No. 32 of 2022 for the offence registered under sections 147, 341, 323, 324, 325, 307, 354(B), 427, 379, 504 and 506 of the Indian Penal Code.
As per the prosecution story, the allegation is of assault on the head of the informant's side as also damaging the household articles and taking away Rs. 5,000/-. Accordingly, the FIR.
Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.65407 of 2022(2) dt.11-04-2023 2/3 content of the FIR does not match with the Injury Report and further there is complaint from the accused side also. Learned counsel for the informant, on the other hand, has taken this Court to the order of the learned Sessions Judge, East Champaran, Motihari to show that one of the injury has been found to be grievous in nature.
Taking into account the aforesaid facts, so far as the petitioner no. 1, namely, Jamilurrahman @ Sukhari is concerned, this Court is not inclined to extend him relief and his petition stands rejected.
So far as the petitioner no. 2, namely, Sabiun Nesha and petitioner no. 3, namely, Noor Saba @ Noor Saba Khatun are concerned, they being women, wife and daughter respectively of the petitioner no. 1, there is no direct allegation against them, no criminal antecedent, this Court is inclined to extend them privilege of anticipatory bail.
Let the petitioner no. 2, namely, Sabiun Nesha and petitioner no. 3, namely, Noor Saba @ Noor Saba Khatun in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.65407 of 2022(2) dt.11-04-2023 3/3 learned C.J.M., East Champaran, Motihari in connection with Patahi P.S. Case No. 32 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Jagdish/Neha/- U T