Md. Abbas @ Abbas Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86317 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.
Md. Abbas @ Abbas Alam , Male, aged about 35 years, S/o Late Asraja @ Asraf 2.
Bibi Sabrun @ Sabrun Khatoon, Female, aged about 32 years W/o Md. Abbas 3.
Bibi Tabassum @ Tabssum Begam Female, aged about 20 years D/o Md. Abbas All Resident of Village- East Awrahi, Ward No. 06, P.S.- Forbesganj (Simraha), District- Araria.
4.
Ashab @ Asahab @ Md. Ashab @ Md. Ashab Alam, Male, aged about 50 years S/o Md. Siddique Resident of Village- Rahua Ward No. 16, P.S.- Raniganj, District- Araria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Forbesganj (Simraha) P.S. Case No. 13 of 2019, registered for the offence punishable under Sections 341, 323, 354, 379, 504/34 of the Indian Penal Code, 1860 .
The allegation against the petitioners is that the petitioners arrived in the house of the informant and started abusing her and thrashed the informant on the ground holding
Patna High Court CR. MISC. No.86317 of 2019(2) dt.28-02-2020 2/3 her hairs and assaulted her by means of fists and slaps and also snatched silver chain from the neck of the informant including ear ring and nose pin as well as Rs. 5,000/-. Mr. Anil Prasad Singh, learned counsel for the petitioners submits that both the parties are neighbors. Learned counsel further submits that there is a delay of about five days in lodging First Information Report inasmuch as the occurrence had taken place on 01.01.2019 whereas, the F.I.R. was lodged on 06.01.2019. Learned counsel further submits that there was a quarrel between children of the informant and the petitioners and no apparent injuries have been found on the person of the informant.
Having heard learned counsel for the parties and taking into consideration the fact that both the parties are neighbours and there was a quarrel between children of the informant and the petitioners, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks from the date of receipt of a copy of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.86317 of 2019(2) dt.28-02-2020 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 13 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure. (Anil Kumar Sinha, J) praful/- U T