Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70020 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- DIGHALBANK District- Kishanganj ====================================================== 1.

AZAD Son of Raham Ali Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

2.

Pelsu Son of Afaque Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

3.

Anjara @ Anjarun Khatoon @ Injara W/o Akhtar Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj. 4.

Mahasari W/o Jounul Abedin Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

5.

Yasmin W/o Shamim Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

6.

hazrul @ Harun Son of Kajamuddin Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

7.

Akhtar Son of Raham Ali Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

8.

Sakerun Nisha @ Sakerun W/o Afaque Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

9.

Afaque Son of Rahan Ali Resident of Village - Bahdura Basti Tulsia, P.S.- Dighalbank, Dist.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 This application, for grant of anticipatory bail, arises out of Dighalbank P.S. Case No. 61 of 2019, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 504, 506, 324 and 307 of the Indian Penal Code.

Allegation against the petitioners is of assault to the

Patna High Court CR. MISC. No.70020 of 2019(2) dt.15-11-2019 2/3 informant and others repeatedly by sharp cutting weapons. Submission of learned counsel for the petitioners is that only general and omnibus allegation has been attributed to the petitioners and injuries sustained by the injured were found simple in nature. Moreover, petitioner nos. 3, 4, 5 and 8 are ladies.

Learned counsel for the State opposed the prayer for bail and submitted that injury report disclosed that there are several sharp cutting injuries on the person of one Shahbaz and others have also received injuries in this case. Having heard both sides, considering the facts and circumstances of the case, so far petitioner nos. 3, 4, 5 and 8 are concerned, being the ladies, in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail 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 learned SDJM, Kishanganj in connection with Dighalbank P.S. Case No. 61 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

So far other petitioners are concerned, I am not inclined to grant them the privilege of anticipatory bail rather

Patna High Court CR. MISC. No.70020 of 2019(2) dt.15-11-2019 3/3 they have to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is accordingly disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T