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Patna High CourtCR. MISC./72362/2023bail granted

Md. Sami Akhtar @ Sami Akhtar v. The State Of Bihar

2023-11-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72362 of 2023 Arising Out of PS. Case No.-151 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Md. Sami Akhtar @ Sami Akhtar S/O Late Fakir Mohammad Resident Of Village- Dakahi, Ward No. 5, P.S.- Andhramath, District- Madhubani 2.

Md. Zafir Akhtar @ Md. Jafir Son Of Sami Akhtar Resident Of Village- Dakahi, Ward No. 5, P.S.- Andhramath, District- Madhubani 3.

Md. Jamil Akhtar @ Jamil Akhtar Son Of Md. Sami Akhtar Resident Of Village- Dakahi, Ward No. 5, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Andhramath P.S. Case No. 151 of 2022 dated 31.10.2022 registered for the offences punishable u/ss 341, 447, 323, 354B, 379, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have came at the door of the informant with various arms and assaulted the informant. The coaccused Md. Jubair pointed pistol on the forehead of the informant and started abusing the informant and threatened to forcibly kidnapped his grand daughter. Thereafter, the co-accused Md. Jubair also molested informant's grand daughter by pulling her

Patna High Court CR. MISC. No.72362 of 2023(2) dt.09-11-2023 2/2 dupatta. It is further alleged that the accused persons also committed theft of Rs. 5000/-

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioners have no concern with the alleged offence. Nothing has been recovered from the possession of the petitioners. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 151 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T