Allowed

Md. Miswah and Ors. v. The State Of Bihar

Patna HC4 May 2016CR. MISC./14810/2016

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail for petitioners accused of offences under the Indian Penal Code, regarding a dispute between family members. An order regarding one petitioner became infructuous due to prior decree. Bye bail granted with sureties.

What did the court decide?

Anticipatory bail granted to Md. Miswah and Md. Akhtar on furnishing bail bonds of Rs. 10,000 each with two sureties of like amount.

Md. Miswah and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14810 of 2016

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Arising Out of PS.Case No. -304 Year- 2015 Thana -CHANDAUTI District- GAYA

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====================================================== 1. Md. Miswah, S/o Abdul Rauf 2. Md. Allauddin, S/o Late Noor Mahammad Khan 3. Md. Akhtar, S/o Allauddin Mian, All are residents of village - Navinagar, P.S. Chandauti ( Chakand ), District - Gaya .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 04-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioners has submitted that during the pendency of this application, petitioner No. 2 has been arrested and he has been granted regular bail by the court below. This application to the extent the prayer made on behalf of petitioner No. 2 thus, stands dismissed, as having become infructuous.

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This application for grant of anticipatory bail arises out of Chandauti (Chakand) P.S. Case No. 304 of 2015, disclosing offences under Sections 341, 323, 307, 354B, 448, 379, 504/34 of the Indian Penal Code.

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Patna High Court Cr.Misc. No.14810 of 2016 (2) dt.04-05-2016

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According to the case of the prosecution, petitioner No. 1 who is son of petitioner No. 2 and other co-accused persons armed with lathi, danda and iron-rod entered into the house of the informant and they assaulted the informant and her mother.

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Learned counsel for the petitioners has submitted that the prosecution case as narrated in the First Information Report, prima facie, appears to be malicious and absurd. He has further submitted that fight between the children of the family is the reason behind lodging of the First Information Report. The petitioners have no criminal antecedent as stated in paragraph 3 of this application.

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Keeping in view the above, this application is allowed.

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Let the petitioners No. 1 and 3, namely, Md. Miswah and Md. Akhtar in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chandauti (Chakand) P.S. Case No. 304 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may

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Patna High Court Cr.Misc. No.14810 of 2016 (2) dt.04-05-2016

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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.

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(Chakradhari Sharan Singh, J)

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Vats/-
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Md. Miswah and Ors. v. The State Of Bihar

Case brief

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Md. Miswah and Ors. v. The State Of Bihar

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