← Library
Patna High CourtCR. MISC./83611/2019allowed

Anwar @ Anwarul v. The State Of Bihar

2020-07-01Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83611 of 2019 Arising Out of PS. Case No.-264 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.

ANWAR @ ANWARUL Son of Md. Khalil Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. 2.

Harbi @ Habbi Son of Md. Khalil Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria.

3.

Dislshad @ Dilshad Son of Md. Khalil Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. 4.

Kamal Son of Md. Mehiuddin @ Mehiuddin Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. 5.

Niko Son of Md. Mehiuddin @ Mehiuddin Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. 6.

Md. Mehiuddin @ Mehiuddin Son of Late Jhauli Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. 7.

Jabbar @ Md. Jabbar Son of Late Jhauli Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. 8.

Babloo Son of Jabbar @ Md. Jabbar Resident of Village - Aurahi, Hanif Tola, Ward No. 5, P.S.- Simraha, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Raniganj P.S. Case No. 264 of 2019(G.R. No. 2799 of 2019), disclosing the offence under Sections 341, 323, 354-B, 379, 504, 506/34 of the Indian Penal Code.

There are eight petitioners belonging to the same

Patna High Court CR. MISC. No.83611 of 2019(3) dt.01-07-2020 2/3 family, who have been made accused. It is alleged that the informant's she-goat had entered into the agricultural field belonging to the family of these petitioners. Allegedly, in reaction to that all the named accused persons had started abusing the informant's wife and attempted to outrage her modesty. It is further alleged that they snatched some valuables also from the informant's wife.

Learned counsel appearing on behalf of the petitioners has submitted that there is counter-case registered at the instance of the wife of petitioner no. 1 in respect of the occurrence of the same date i.e. 01.08.2019.

Be that as it may, considering the genesis of occurrence, in my view, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Araria in Raniganj P.S. Case No. 264 of 2019(G.R. No. 2799 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners

Patna High Court CR. MISC. No.83611 of 2019(3) dt.01-07-2020 3/3 shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T