Farukh Azam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80582 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- BAUNSI District- Araria ====================================================== 1.
Farukh Azam Son of Late Ibrahim Resident of Village- Bausi, Ward No. 13, Raniganj, P.S.- Baunsi, Distt.- Araria 2.
Farhat Khatoon @ Farhad Khatun @ Farhad Jahan Wife of Farukh Azam Resident of Village- Bausi, Ward No. 13, Raniganj, P.S.- Baunsi, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Ziaul Quamar For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Baunsi Police Station Case No. 132 of 2024, dated 16.06.2024, disclosing offences under Sections 341/323/324/325/307/379/354B/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 15.06.2024, in the night, due to land dispute, the petitioners, along with accused persons, pelted stones and bricks on the son of the informant and the husband of the informant was pulled down on the floor, abused and
Patna High Court CR. MISC. No.80582 of 2024(2) dt.10-12-2024 2/3 assaulted by means of lathi, fists and slaps, etc.
4. Learned counsel for the petitioners submits that altogether six persons have been made accused having general and omnibus allegation. He next submits that there is specific allegation of assault against the petitioners and injuries caused to the informant's husband and son are simple in nature, as would be evident from Annexure-5. He further submits that counter-case, bearing Baunsi Police Station Case No. 131 of 2024, has been lodged by the side of the petitioners against the informant and others, in which, the side of the petitioners has sustained grievous injuries.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the land dispute between the parties and the fact that case and counter-case is also there and injuries caused to the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
Patna High Court CR. MISC. No.80582 of 2024(2) dt.10-12-2024 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Baunsi Police Station Case No. 132 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T