The High Court at Patna granted anticipatory bail to the petitioners in connection with an FIR involving assault and grievous hurt under the Indian Penal Code, subject to conditions and a bail bond.
Petitioners to be released on bail on furnishing a bond of Rs.10,000 with two sureties of similar amount before the Judicial Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68478 of 2019
Arising Out of PS. Case No.-99 Year-2019 Thana- ABADPUR District- Katihar
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.Ajay Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioners apprehend their arrest in Abadpur P.S. Case No.99 of 2019 registered under Sections 341, 323, 325, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.
The informant, Najmin Khatoon alleged that while she was going to pluck patuwa sag, Najim Hussain(petitioner No.1) caught her from behind and assaulted her with knife in her neck. Najera Khatoon(petitioner No.2), Sahinura Khatoon(petitioner No.3) and Md.Arja Hussain @ Md. Arzaqa Hussain and Md. Suleman came and assaulted her with lathi.
The learned counsel for the petitioners submits that the informant alleged that petitioner No.1 gave knife blow on
Patna High Court CR. MISC. No.68478 of 2019(2) dt.08-11-2019 2/2
her neck and other accused persons assaulted her with lathi and she became unconscious but from perusal of the injury report, it would appear that informant got one lacerated wound which is superficial and simple in nature. No other injury was found on the person of the informant. On account of some land dispute, some altercation and scuffle took place.
Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st , Katihar in connection with Abadpur P.S. Case No.99 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioners should be granted anticipatory bail in the pending criminal prosecution.
1 provisions across 1 enactments
Najim Hussain and others
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
