Md. Javed And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8282 of 2018 Arising Out of PS.Case No. -132 Year- 2017 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Javed son of Md. Peer Mohammad.
2. Md. Jamshed son of Md. Peer Mohammad.
3. Shabnam Khatoon wife of Md. Javed.
All Residents of Village- Mirjapur, Police Station-Mehsi, District-East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mehsi P.S. Case No.132 of 2017 instituted for the offence under Sections 323, 341, 448, 376, 511/34 of I.P.C.
Learned counsel for the petitioners has submitted that both the parties are neighbour. On account of some quarrel between the informant's grandson and the children of the petitioners' family, this case has been instituted. There is general and omnibus allegation against the petitioner that while the informant had gone out side of the house to work leaving his married daughter and grandson, petitioner no. 1 Md. Javed started
Patna High Court Cr.Misc. No.8282 of 2018 (3) dt.27-03-2018 2/3 beating grandson of the informant. When his daughter came out of the house, then the petitioner No. 1 and his entire family assaulted her and petitioner No. 2 Md. Jamshed tried to outrage her modesty.
The injury report of Mobina Khatoon is available in the case diary, wherein, Doctor has found simple injury on her person.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners are allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mehsi P.S. Case No. 132 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand each) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, East Champaran at Motihari subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers
Patna High Court Cr.Misc. No.8282 of 2018 (3) dt.27-03-2018 3/3 with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) shakir/- U