Md. Noor Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47610 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- BAJPATTI District- Sitamarhi ======================================================

1. Md. Noor Alam S/o Md. Idrish

2. Roksana Khatoon W/o Md. Noor Alam Both resident of Village - Mahammda, P.S. Bajpatti, Dist - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bajpatti P.S. case no. 67 of 2018 instituted for the offence under Section(s) 341, 323, 325, 307, 354, and 379/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is no allegation of assault against these petitioners. It is alleged in the written report that Md. Fahim gave iron rod blow on the head of the informant and co accused Md. Guddu gave lathi blow on the leg of the informant. Petitioner no.1 is alleged to have torn the blouse of the wife of informant and pushed her down. It is further alleged that petitioner no. 2 is said to have taken Rs. 1200/- from the pocket of the informant.

Patna High Court Cr.Misc. No.47610 of 2018(2) dt.30-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bajpatti P.S. case no. 67 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SDJM, Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) 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 petitioners 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.

(Sanjay Priya, J) shyambihari/- U T