Sammam Khatoon @ Mosamman Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9155 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -SIGORI District- PATNA ======================================================

1. SAMMAM KHATOON @ MOSAMMAN KHATOON, daughter of Islam Quaraishi

2. Gulam Gaush @ Md. Sazid Akhter, son of Shahzad Quaraishi @ Md. Sajjad Quaraishi

3. Md. Shekh Alam @ Sakhu Quaraishi, son of Sugan Quaraishi

4. Raju Quaraishi, son of Khalil Quaraishi

5. Sana Parween, daughter of Mokim Quaraishi, All Residents of VillageMakhdoomchak, P.S. Sigori, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahboob Ashraf For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sigori P.S. Case No. 105 of 2017 instituted for the offence under Sections-147, 148, 149, 341, 323, 307, 326, 448, 427 & 354 of the Indian Penal Code. Counsel for the petitioner submits that he is not named in the first part of the occurrence as mentioned in the written report for assaulting the informant and other family members. His name has been taken by the informant in second part of the occurrence that he was helping Neshat Quaraisi, who had formed an un-lawful assembly. The petitioner is alleged to be member of that un-lawful assembly. In such circumstances, prayer for anticipatory bail of

Patna High Court Cr.Misc. No.9155 of 2018 (3) dt.06-03-2018 2/2 petitioner nos. 2, 3 and 4 is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sigori P.S. Case No. 105 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Danapur subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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.

So far as, petitioner nos. 1 and 5 are concerned, provisional bail granted to them vide order dated 17.02.2018 is hereby confirmed.

(Sanjay Priya, J) sushma/- U