Patna High CourtCR. MISC./37049/2013allowed

Manju Khatoon And ORS. v. The State Of Bihar

2013-12-24Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37049 of 2013 ======================================================

1. Manju Khatoon, Wife of Bechan Mian.

2. Bechan Mian, Son of Md. Niyamat.

3. Md. Bajir, Son of S.K. Atabul.

4. Md. Fahim, Son of Md. Wahid.

All Residents of Village Rahubansh Nagar, Police Station Barhara Kothi, District- Purnea .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-12-2013 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case for the offences under Sections 323, 379 of the Indian Penal Code. The complainant happens to be the Ward Member of Matihani Gram Panchayat of which petitioner no.1 is Mukhia, Petitioner no.2 is of her husband and petitioner nos. 3 and 4 are their associates.

The complainant alleged that petitioner no.2 used to collect money from the beneficial persons, in whose favour Indira Awas was allotted. Further prosecution case is that petitioner no.2 kept the pass-book and demanded Rs.10,000/- for withdrawing the money. The allegation against petitioner no.1 is of snatching of Chain, petitioner nos. 3 and 4 is of snatching of money.

Patna High Court Cr.Misc. No.37049 of 2013 (2) dt.24-12-2013 2 / 2 Learned counsel for the petitioners submits that cognizance has been taken under Sections 323 and 379 of the Indian Penal Code. He further submits that the petitioners have been falsely implicated, as one Veena Kumari filed an Election Petition against petitioner no.1.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today the above named petitioners be released on anticipatory bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Purnea in connection with Complaint Case no. 179 of 2012 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the condition that petitioner no.2 would not physically absent for two consecutive dates at stretch till three witnesses are examined, failing which his bail bonds would be cancelled. (Samarendra Pratap Singh, J) Uday/-