Sk. Shabir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50764 of 2018 Arising Out of PS.Case No. -189 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sk. Shabir, S/o Sk. Sadik,

2. Sk. Ansu, S/o Sk. Shahahabuddin, both are R/o Vill.- Dakshen Telhua, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Nautan P.S. Case No.189 of 2018 instituted for the offence under Section(s) 447, 341, 323, 354, 504 and 506/34 Indian Penal Code. Counsel for the petitioners submits that there is case and counter case between the parties. There is land dispute between the parties. Counsel for the petitioners further submits that informant's family members assaulted the petitioner's married sister for which she submitted written report to the police and Nautan P.S. Case No.200 of 2018 was registered against the informant and her family members.

In the instant case, there is allegation that the petitioner assaulted the daughter of the informant and misbehaved with her,

Patna High Court Cr.Misc. No.50764 of 2018 (2) dt.30-08-2018 2/2 but apparently there was no injury on the person of daughter of the informant as will appear from the written report itself. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Nautan P.S. Case No.189 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bettiah, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- Rohit Kr.

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