Md. Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72449 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== 1.

MD. NAIM Son of Late Badri Mian Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 2.

Md. Shahbuddin Son of Md. Naim Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 3.

Md. Nasim Son of Md. Naim Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 4.

Md. Paweez Alam Son of Md. Naim Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 5.

Md. Sartaz Son of Md. Shahbuddin Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 6.

Anwari Khatoon Wife of Md. Shahbuddin Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 7.

Bibi Fatma Khatoon Wife of Md. Naim Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 8.

Sakina Khatoon Wife of Md. Naim Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. 9.

Afsana Khatoon Wife of Md. Parwez Alam Resident of village - Jorganj, Ward No.- 11, Police Station - Jankinagar, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 325, 354, 379, 147 and 149 of the Indian Penal Code and 3/ 4 of the Witches Practices Act.

The prosecution case, in brief, is that these petitioners abused and assaulted the daughter and daughter-in-law of the

Patna High Court CR. MISC. No.72449 of 2022(2) dt.05-05-2023 2/2 informant and called them as Dyan, on account of, death of the son of the petitioner no. 1.

Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. Case and a counter case. There is delay of 14 days in registering the FIR. Allegation is general and omnibus against these petitioners and no specific overt act is alleged against them. In the alleged occurrence, four persons sustained injuries. Doctor has found the injuries simple in nature. Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Pallavi Anand, Judicial Magistrate, First Class, Purnia in connection with Jankinagar P.S. Case No. 213 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T