Patna High CourtCR. MISC./55730/2015bail granted

Md. Arshad Ali And ORS. v. The State Of Bihar

2015-12-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55730 of 2015 Arising Out of PS.Case No. -238 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Arshad Ali Son of Late Md. Ali

2. Md. Hasid Son of Late Md. Rafik

3. Nazrul Islam Son of Md. Hasim

4. Md. Kajim Son of Md. Idrish All are resident of village - Rampur Konder, P.S. Kesariya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 448, 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. It is alleged that on the order of the petitioners, co-accused Sahana, Salma and Romana entered into the house of the informant and assaulted the wife of the informant. Co-accused Sahana wrapped her dupatta in the neck of the wife of the informant with intention to throttle her and when she fell down then all the three accused persons assaulted with fists and slaps. It is further alleged that accused persons took mobile and snatched gold chain from the neck of the wife of the informant.

Patna High Court Cr.Misc. No.55730 of 2015 (2) dt.09-12-2015 2/2 It is submitted by learned counsel for the petitioners that specific overt act has not been alleged against the petitioners.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kesariya P.S. Case No. 238 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T