Abdul Rahim @ Md. Rahim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74845 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- BALIYA District- Begusarai ====================================================== 1.
Abdul Rahim @ Md. Rahim S/o Md. Sabir R/o Chhoti Ballia Sattichaura, P.S. - Ballia, District- Begusarai 2.
Md. Daud S/o Md. Sabir @ Shabbir Miyan R/o Chhoti Ballia Sattichaura, P.S. - Ballia, District. - Begusarai 3.
Khooshbu Praveen @ Khushboo Khatoon W/o Md. Daud R/o Chhoti Ballia Sattichaura, P.S. - Ballia, District. - Begusarai 4.
Najni Khatoon @ Nazni W/o Md. Rajjak R/o Chhoti Ballia Sattichaura, P.S. - Ballia, District. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate Mr. Shrinath Manjhi, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-11-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Baliya P.S. Case no. 231 of 2024 registered under sections 126(2), 115(2), 109, 74, 303(2), 324(4), 324(5), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that while she along with others reached near madarsa, the
Patna High Court CR. MISC. No.74845 of 2024(2) dt.12-11-2024 2/3 seven named accused persons including the four petitioners herein started to abuse and assault them. Md. Khalid is said to have assaulted Md. Faiyaz causing injury on his head.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of old dispute between the parties which would be evident from the reading of the F.I.R. itself. The specific allegation of assault is on Md. Khalid alone while the allegations against others are general and omnibus in nature. The petitioner nos. 3 and 4 are ladies and none of the petitioners have any criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the F.I.R., the specific allegation of assault being on Md. Khalid causing injury on the head of Md. Faiyaz together with the petitioners not having any criminal antecedent, it is directed that all the four petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Baliya P.S. Case no. 231 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.74845 of 2024(2) dt.12-11-2024 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) avinash/- U T