Md. Jameer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.262 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- BANGAWON District- Saharsa ====================================================== 1.

Md. Jameer, Male, aged about 36 years, Son of Md. Safeed, Resident of Village- Kamalpur, Ward No. 13, P.O.- Bariyahi Bazar, P.S.- Bangaon, DisttSaharsa. 2.

Ruksana Khatun @ Rukshana Khatoon, Female, aged about 30 years, Wife of Md. Jameer, Resident of Village- Kamalpur, Ward No. 13, P.O.- Bariyahi Bazar, P.S.- Bangaon, Distt- Saharsa.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Amarnath Jha, Advocate For the State :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bangaon P.S. Case No. 102/2023 dated 02.09.2023 registered for the offences punishable under Sections 341, 323, 324, 307, 354A, 379, 504 and 506/34 of the I.P.C.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have abused the informant's wife. On protest, the co-accused Md. Hadish by pulling her hairs, dragged down on the earth and also tore her clothes.

Patna High Court CR. MISC. No.262 of 2024(2) dt.05-02-2024 2/3 When the informant's daughter, Nahida Praveen, came to rescue her, Md. Hadish assaulted on her head with Dabiya which resulted in bleeding injury. The informant's father-in-law attempted to save her, the co-accused Md. Jannat assaulted him with an iron rod on the hand. The petitioner no. 2 snatched golden chain worth Rs. 50,000/- from the neck of the informant's wife and also threatened her of dire consequences. On halla, nearby people came there and took the injured to Sadar Hospital, Saharsa in serious condition for treatment.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against the petitioners. There is land dispute between the parties. The petitioner no. 1 has one criminal antecedent in which he is on bail and the petitioner no. 2 has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.262 of 2024(2) dt.05-02-2024 3/3 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Saharsa in connection with Bangaon P.S. Case No. 102 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T