Md. Dulare @ Ajam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83340 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

MD. DULARE @ AJAM S/O Late Abdul Badud Resident of Village - Narharpur, P.S.- Bajpatti, Distt.- Sitamarhi. 2.

Sabuhi Khatoon W/O Md. Asalam Resident of Village - Narharpur, P.S.- Bajpatti, Distt.- Sitamarhi.

3.

Saista Khatoon W/O Md. Dulare @ Ajam Resident of Village - Narharpur, P.S.- Bajpatti, Distt.- Sitamarhi.

4.

Varida Khatoon W/O Late Abdul Badud Resident of Village - Narharpur, P.S.- Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Bajpatti P.S. Case No. 140 of 2019 for the offence punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and are stated to have snatched a golden chain and a sum of Rs. 50,000/- from the informant. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and are having a clean antecedent. It is further submitted

Patna High Court CR. MISC. No.83340 of 2019(2) dt.23-01-2020 2/2 that the allegation of assault is on the co-accused person, namely, Md. Asalam who has already been granted bail by a coordinate Bench of this Court vide order dated 6.8.2019 passed in Cr. Misc. No. 48993 of 2019.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners as also taking into account the fact that the main accused person, namely, Md. Asalam, has already been granted bail and a general and omnibus allegation has been levelled against the petitioners, I deem fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purpri at Sitamarhi in connection with Bajpatti P.S. Case No. 140 of 2019 , subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U