Md. Harmuz And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2548 of 2018 Arising Out of PS.Case No. -88 Year- 2017 Thana -KADWA District- KATIHAR ======================================================

1. Md. Harmuz, S/o Late Tahir @ Late Md. Tahir,

2. Asgari Khatoon, W/o Md. Harmuz, both r/o Ashiyani, P.S.- Kadwa, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratnakar Ambastha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 08-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kadwa P.S. Case No.88 of 2017 instituted for the offence under Section(s) 302, 120-B/34 Indian Penal Code.

Counsel for the petitioner has submitted that there is no specific allegation of overt act against these petitioners. The Informant has alleged in the written report that prior to the occurrence they used to assault the sister of the informant. In the written report, there is allegation that niece of the informant told that sister of the informant was assaulted by Md. Ghulam and his wife, Nahida Khatoon, (not petitioners). In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.2548 of 2018 (4) dt.08-05-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kadwa P.S. Case No.88 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 the Chief Judicial Magistrate, Katihar, 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) petitioners 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 their bail bonds and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) JA/- U T