Allowed

Md. Ibrahim @ Ibrahim v. The State of Bihar

Patna HC16 Nov 2019CR. MISC./57773/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to six accused persons apprehending arrest in a criminal case alleging assault and dishonour under various sections of the IPC, subject to conditioning bail conditions.

What did the court decide?

Release on bail bond of Rs. 10,000/- each with two sureties of the like amount, subject to conditions of Section 438(2) Cr.P.C., if arrested or surrender within six weeks.

Md. Ibrahim @ Ibrahim Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57773 of 2019

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Arising Out of PS. Case No.-363 Year-2018 Thana- FORBESGANJ District- Araria

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======================================================

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MD. IBRAHIM @ IBRAHIM Son of Md. Turai Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

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Md. Izrayeel Son of Md. Turai Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

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Md. Israfil @ Israfil Son of Md. Turai Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

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Md. Dilshad @ Dilshad @ Delshad Son of Ibrahim @ Md. Ibrahim Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

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Ayeesha Khatoon Wife of Md. Ibrahim Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

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Ajmeri Khatoon Wife of Md. Izrayeel Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

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Bibi Musia Khatoon Wife of Md. Israfil Resident of Village - Rampur Dakshin, Ward No. 02, P.S.- Forbesganj, District - Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Prasad Singh For the Opposite Party/s : Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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3 16-11-2019 Heard learned counsel for the petitioners and the

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered under Sections 147, 341, 323, 307, 354B, 504 and 506 of the Indian Penal Code.

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Petitioners Md. Ibrahim, Md. Izrayeel and Md.

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Patna High Court CR. MISC. No.57773 of 2019(3) dt.16-11-2019 2/3

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Israfil were constructing house in front of the house of the informant and on protest made by his wife, they shoved her on the ground and assaulted her by means of leg and fist. Md. Ibrahim disrobed and teased her and trampled her stomach. Md. Ibrahim also assaulted on the head and leg of the informant by means of dabiya while Md. Izrayeel assaulted his wife by means of dabiya and other accused persons also assaulted both of them.

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It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Md. Izrayeel has lodged Forbesganj P.S. Case No. 362 of 2018 against the informant and others preceding to the case under hand and in order to save skin from the said case informant has lodged this false and frivolous case against the petitioners. As per the prosecution case, petitioner Md. Ibrahim assaulted the informant by means of dabiya and petitioner Md. Izrayeel assaulted his wife by means of dabiya, but the wife of the informant namely Rukhsar Khatoon in her statement recorded under Section 161 Cr.P.C. has stated that all the accused persons assaulted them. Thus aforesaid statement of the victim appears to be in quite contradiction to the prosecution case. Moreover as per the aforesaid statement of the said victim,

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Patna High Court CR. MISC. No.57773 of 2019(3) dt.16-11-2019 3/3

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allegation levelled against the petitioners is not specific rather general and omnibus in nature. Doctor has found only one injury on the head of Rukhsar Khatoon which is simple in nature caused by hard and blunt substance and not by sharp cutting weapon and only one incised wound on the person of the informant which is also simple in nature. Petitioners have no criminal antecedent.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 363 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-

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U T

Md. Ibrahim @ Ibrahim v. The State of Bihar

Case brief

What is this about?

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Md. Ibrahim @ Ibrahim v. The State of Bihar

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