Patna High CourtCR. MISC./59866/2018rejected

Md. Shamim And ANR v. The State Of Bihar

2018-11-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59866 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -DANDARI District- BEGUSARAI ======================================================

1. Md. Shamim &

2. Md. Musa, both sons of Md. Ali, resident of Village- Katahari, P.S. Dandari, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Dandari P.S. Case No.24 of 2018 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code.

Counsel for the petitioners submits that in the written report as well as in para 9, 10, 11, 12, 13 of the case diary, there is specific allegation against petitioner No.1, Md. Shamim, of causing assault to mother of the informant with lathi. Mother of the informant subsequently died.

In view of such, this Court is not inclined to grant bail to petitioner No.1, Md. Shamim. His prayer for bail is rejected at this stage.

Patna High Court Cr.Misc. No.59866 of 2018 (3) dt.01-11-2018 2/2 So far allegation against petitioner No.2, Md. Musa, is concerned, there is general and omnibus allegation that he assaulted with fists and slaps.

In the facts and circumstances of the case, prayer of the petitioner No.2 for grant of bail is allowed. Let the petitioner No.2, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai, in connection with Dandari P.S. Case No.24 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T