Harun @ Harul @ Harun Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3046 of 2024 Arising Out of PS. Case No.-68 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.
Harun @ Harul @ Harun Alam Son Of Sultan R/O Village- Singhia Ward No. 13, P.S.- Bahadurganj, Dist.- Kishanganj 2.
Nagina @ Pravina Khatoon @ Pravon Khatoon Wife Of Harun @ Harul @ Harun Alam R/O Village- Singhia Ward No. 13, P.S.- Bahadurganj, Dist.- Kishanganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Bahadurganj PS Case No. 68 of 2019 dated 03.03.2019, instituted for the offence punishable under Sections 341,323,307, 354 and 406/34 of the Indian Penal Code.
3. Allegation in the First Information Report (for brevity 'FIR') is that accused persons, including the petitioners have assaulted the daughter of the informant and tried to hang
Patna High Court CR. MISC. No.3046 of 2024(2) dt.31-01-2024 2/3 her by putting a rope around her neck. It is alleged that when the informant and his son raised alarm then all the accused persons fled away leaving the daughter of the informant.
4. Learned counsel for the petitioners submitted that petitioners have been falsely implicated in this case. It is submitted that petitioners and informant are close relatives and they settled their dispute outside the Court and a compromise petition has already been filed before the learned Court below, which is annexed as Annexure-2 to the bail petition. It is further submitted that there is no specific allegation against the petitioners rather the allegation is omnibus and general. As per statement made in para-3 of the bail petition, the petitioners have one criminal antecedents, in which, they are on bail.
5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bahadurganj PS Case No. 68 of 2019, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.3046 of 2024(2) dt.31-01-2024 3/3 the learned CJM, Kishanganj or appropriate Court below, subject to condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T