Md. Musahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57675 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- CHHATAPUR District- Supaul ========================================== Md. Musahid, S/o Late Sami Ahmad, R/o Village- Hariharpur, P.S.- Chhatapur, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Chhatapur P.S. Case No. 53 of 2018 dated 03.03.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 354, 504, 506 of the Indian Penal Code.

The husband of the informant is said to have been assaulted by several persons including the petitioner, causing injuries to him.

The learned counsel for the petitioner has submitted that despite such allegation in the F.I.R, Section 307 or 308 of the Indian Penal Code have not been added.

Patna High Court Cr.Misc. No.57675 of 2018(3) dt.11-12-2018 2/3 This clearly demonstrates that the allegation made in the F.I.R about the intention of the accused persons including the petitioner to cause hurt to her husband does not appear to be correct. It has further been submitted that petitioner is alleged to have been armed with Farsa but there is no sharp cut injury on the husband of the informant. The injuries are three in number, one out of which has been caused by hard and blunt substance, which has been stated to be grievous in nature. One other similarly situated accused person viz. Md. Sakil @ Sakil has been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 32501 of 2018. The petitioner does not have any criminal antecedents.

Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender within a period of four weeks from today before the learned Court below, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Supaul in

Patna High Court Cr.Misc. No.57675 of 2018(3) dt.11-12-2018 3/3 connection with Chhatapur P.S. Case No. 53 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T