Md. Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74616 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- HABIBPUR District- Bhagalpur ====================================================== 1.

Md. Ismail 2.

Md. Israfil 3.

Md. Saddam 4.

Md. Sikandar 5.

Md. Mahtab All Sons of Md. Islam, Resident of Village - Shahjangi Raja Bari, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Habibpur P.S. Case No.21 of 2018 registered for offence punishable under Sections 448, 323, 354 (B), 379, 341/34 of the Indian Penal Code.

Allegation has been made that all the accused persons including the petitioners entered into the house of the informant and started assaulting the family members and also misbehaved the informant's sister.

Counsel for the petitioner submits that there is case and counter case between the parties. There is general and

Patna High Court CR. MISC. No.74616 of 2019(2) dt.20-11-2019 2/2 omnibus allegation against the petitioners. The police after investigation did not find any material for the offence under Section 354 (B) of the Indian Penal Code.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial MagistrateIX, Bhagalpur in connection with Habibpur P.S. Case No.21 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T