Hamidun Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68999 of 2023 Arising Out of PS. Case No.-591 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Hamidun Khatoon W/O Ale Mohammad R/O Vill - Semra Belwatiya, P.S. - Turkauliya, Distt. - East Champaran 2.
Mazher Alam Son Of Ale Mohammad R/O Vill - Semra Belwatiya, P.S. - Turkauliya, Distt. - East Champaran 3.
Ale Mohammad Son Of Late Jahir Hussain R/O Vill - Semra Belwatiya, P.S. - Turkauliya, Distt. - East Champaran 4.
Md. Ashlam @ Md. Aslam Son Of Late Hanif R/O Vill - Semra Belwatiya, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 354(B), 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, allegation against the petitioners is that they entered in the house of the informant and assaulted him and when the sister and mother of the informant came to save, they also assaulted them.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.68999 of 2023(3) dt.25-01-2024 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submits that the petitioners are also involved in the present case.
6. Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand)each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Turkauliya P.S. Case No. 591 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T
Patna High Court CR. MISC. No.68999 of 2023(3) dt.25-01-2024 3/3