Patna High Court - Orders
Md. Abid vs The State Of Bihar on 4 August, 2021
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3874 of 2021
Arising Out of PS. Case No.-232 Year-2020 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. MD. ABID Son of Late Masum Rza @ Masoom Raza Resident of Village -
Rahimpur Rudouli, P.S.- Samastipur Mufassil, Distt.- Samastipur.
2. GULAME GOUSH @ Md. Gulame Goush Son of Late Md. Mobin @
Mobin Resident of Village - Rahimpur Rudouli, P.S.- Samastipur Mufassil,
Distt.- Samastipur.
3. MD. NAUSHAAD Son of Md. Late Neem Resident of Village - Rahimpur
Rudouli, P.S.- Samastipur Mufassil, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Sanjay Kumar Singh- Advocate
For the Opposite Party/s : Mr. Ajit Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 04-08-2021Heard Mr. Rana Sanjay Kumar Singh, the learned Advocate for the petitioners and Mr. Ajit Kumar, the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Samastipur P. S. Case No.232 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 504, 307, 379 of the Indian Penal Code.
The informant has alleged that petitioner no.1 caught her by her hair and petitioner no.2 assaulted the husband of the informant as a result of which he lost his one tooth. There is no specific accusation against the petitioner no.3. Patna High Court CR. MISC. No.3874 of 2021(2) dt.04-08-2021 2/3 It has been submitted on behalf of the petitioners that the present case is only counter-version of the case lodged by one Md. Sarfaraj vide Samastipur Mufassil P. S. Case No.231 of 2020.
The learned Advocate for the petitioners has further submitted that the petitioners are co-villagers and next-door neighbours of the informant and a Title Suit is being contested between the parties. Some clash may have taken place between the petitioners and the informant and others but the accusation appears to have been over exaggerated.
The learned Advocate for the petitioners therefore has submitted that the accusation in the F.I.R. cannot be believed in its entirety.
Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-V-cum-Additional Chief Judicial Magistrate, Samastipur in connection with Samastipur Mufassil P. S. Case No.232 of 2020, subject to the conditions laid down under Patna High Court CR. MISC. No.3874 of 2021(2) dt.04-08-2021 3/3 Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) vikash/-
U T