Md. Sajim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86267 of 2024 Arising Out of PS. Case No.-450 Year-2024 Thana- SUPAUL District- Supaul ====================================================== 1.
Md. Sajim S/o Md. Kalimuddin R/o vill - Sonak (Ward no. 6), P.S. - Supaul, Distt.- Supaul 2.
Bibi Sakina Khatun @ Sakina Khatun W/o Md. Sajim R/o vill - Sonak (Ward no. 6), P.S. - Supaul, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Jha For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2025
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 Supaul Police Station Case No. 450 of 2024, dated 11.07.2024, disclosing offences punishable under Sections 191(2)/191(3)/190/126(2)/127(3)/115(2)/117(2)/ 303(2)/109/76/352 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report, is that on 09.07.2024, in the morning, there was some scuffle between the wife of the informant and the wife of petitioner no. 1, for which the informant was going to make a complaint before the Panchayat and no sooner
Patna High Court CR. MISC. No.86267 of 2024(2) dt.16-01-2025 2/3 then informant reached near the house of the petitioner no. 1, the petitioners, along with other accused persons surrounded him and on the orders of petitioner no. 1, all the accused persons started assaulting the informant by lathi and danda and when the wife of the informant intervened, they torn her clothes and the petitioner no. 2 assaulted the informant's wife with lathi on her head, causing injuries to her.
4. Learned Counsel for the petitioners submits that the petitioner no. 1 is an order giver and the petitioner no. 2, who is the wife of petitioner no. 1, allegedly assaulted the informant's wife by means of lathi on her head. The injury caused to the informant's wife is simple in nature. A counter case has been lodged by petitioner no. 2 against the informant and others. Both the parties are neighbours, having previous dispute and the injury caused to the informant and others are simple in nature.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact both the parties are neighbours, having previous dispute, case and counter case is there and injuries caused to the informant and other victims are simple in nature, I am
Patna High Court CR. MISC. No.86267 of 2024(2) dt.16-01-2025 3/3 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 a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul Police Station Case No. 450 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ R √