Md. Akhtar @ Akhtar Miya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11190 of 2018 Arising Out of PS.Case No. -148 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Md. Akhtar @ Akhtar Miya,

2. Md. Rehman @ Rahaman, both sons of Md. Late Abdul Ganni, resident of Purani Jhhithi, P.S.- Khaira, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Khaira P.S. Case No.148 of 2015 instituted for the offence under Section(s) 341, 342, 323, 307, 504/34 Indian Penal Code. There is allegation against these petitioners of assaulting sister and daughter of the informant, namely, Chunni Khatoon and Gulshan Khatoon, with iron rod and lathi. Injury reports of both the injured are available in the case dairy. Doctor has found simple injuries on their person caused by hard and blunt substance.

Counsel for the petitioners has submitted that there is case and counter case between the parties. Counter case vide Khaira P.S. Case No.151 of 2015 has been filed by Md. Ibrahim

Patna High Court Cr.Misc. No.11190 of 2018 (3) dt.20-04-2018 2/2 Mian, brother of the petitioner no.2, against the informant and others.

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 Khaira P.S. Case No.148 of 2015, 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 Chief Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (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.