Mohamjan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80876 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- OBRA District- Aurangabad ====================================================== 1.

MOHAMJAN SHAH S/o Late Safudhin Shah R/o village- Sihudi Tola Dingraha, P.S.- Obra, District- Aurangabad 2.

Jubaida Khatoon W/o Mohamjan Shah R/o village- Sihudi Tola Dingraha, P.S.- Obra, District- Aurangabad ... ... 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.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 308, 504, 506/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and his family members by means of fists, slaps, axe and danda, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.80876 of 2019(2) dt.10-12-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case. The injury report is not available on the record. Hence, it cannot be ascertained whether the nature of injury is simple or grievous. No deadly weapon is said to have been used in course of occurrence. For a petty reason the alleged occurrence is said to have taken place.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Obra, Aurangabad in connection with Obra P.S. case No.266 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T