← Library
Patna High CourtCR. MISC./74185/2022bail granted

Md.Moti @ Md. Matiur Rahman @ Md. Motiur Rahman v. The State Of Bihar

2023-05-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74185 of 2022 Arising Out of PS. Case No.-585 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Md.Moti @ Md. Matiur Rahman @ Md. Motiur Rahman Son Of Jargish Ahmad Resident Of Joka Jal Marat, P.S.- Sadar, District - Purnea 2.

Jamal @ Md. Jamal Son Of Moti @ Matiur Rahman @ Md. Motiur Rahman Resident Of Joka Jal Marat, P.S.- Sadar, District - Purnea 3.

Md. Israfeel Son Of Moti @ Matiur Rahman @ Md. Motiur Rahman Resident Of Joka Jal Marat, P.S.- Sadar, District - Purnea 4.

Firoza Khatoon Wife Of Moti @ Matiur Rahman @ Md. Motiur Rahman Resident Of Joka Jal Marat, P.S.- Sadar, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 450, 376, 504 and 506 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioners is that they had abused the informant and others and sent them away from their house.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.74185 of 2022(2) dt.01-05-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that there is specific allegation against co-accused Md. Shahabaj. The petitioner no. 1 is the father, petitioners no. 2 and 3 are brothers and petitioner no. 4 is the mother of co-accused Md. Shahabaj. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against these petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sadar P.S. Case No.585 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T