Amir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71582 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Amir Mian, Son of Late Jumdin Mian Resident of Village - Barwa Barauli, P.S.- Shikarpur, Distt - West Champaran at Bettiah. 2.

Yakub @ Hanchan @ Aaqub Ala Khan@Hanchal@Hanyal Son of Amir Khan Resident of Village - Barwa Barauli, P.S.- Shikarpur, Distt - West Champaran at Bettiah.

3.

Amiran Khatoon @ Amir Khatoon@Hamiran Wife of Amir Khan Resident of Village - Barwa Barauli, P.S.- Shikarpur, Distt - West Champaran at Bettiah.

4.

Kadiran @ Kadiran Khatoon, Wife of Saifuddin Mian Resident of Village - Barwa Barauli, P.S.- Shikarpur, Distt - West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Shikarpur P.S. Case No.102 of 2019, for the offence punishable under Sections 341, 323, 324, 307, 379, 354, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that petitioner No.1 assaulted the informant by means of Farsa on her head, petitioner No.2 assaulted by means of axe (kudhal) on her leg and petitioner No.3 and 4 have assaulted the informant by means of lathi causing her injury.

Patna High Court CR. MISC. No.71582 of 2019(2) dt.26-11-2019 2/2 Learned counsel appearing for the petitioners submits that the petitioners and the informant are neighbours and there is dispute between them relating to cutting of the guava tree by the son of the petitioner. Learned counsel further submits that the injury caused to the informant has been found to be simple in nature, as would be evident from Annexure-2.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that both the parties are neighbours and the injury caused to the informant has been found to be simple in nature, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon 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, West Champaran at Bettiah, in connection with Shikarpur P.S. Case No.102 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. sanjeev/- (Anil Kumar Sinha, J) U T