The High Court of Patna granted anticipatory bail to the petitioners facing charges of criminal force and assault. The court noted the family dispute context and ordered surrender within eight weeks upon furnishing a bail bond with two sureties.
Anticipatory bail granted; surrender in eight weeks with bail bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17877 of 2020
Arising Out of PS. Case No.-285 Year-2019 Thana- BAJPATTI District- Sitamarhi
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Adv. For the Opposite Party/s : Dr. Ajit Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 11-12-2020
Heard learned counsel for the petitioners and learned APP for the State, through video conferencing.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bajpatti P.S. Case No. 285 of 2019 registered under sections 307, 354 B, 341, 323, 324, 448, 379, 504, 506 and 34 of the Indian Penal Code.
As per allegation in the FIR, in the absence of the informant’s husband, it is stated that her husband’s elder brother Md. Naushad, who had ill intentions towards her, started to
Patna High Court CR. MISC. No.17877 of 2020(3) dt.11-12-2020 2/3
misbehave. On resisting, it is stated that the five named accused persons including the petitioners herein came and started to beat up the informant. Md. Naushad is stated to have given a blow with an iron rod on the informant’s head while petitioner no. 1 struck with a knife on her leg. On her husband, returning the accused persons beat him up also and took away Rs. 2500/.
It is submitted by learned counsel for the petitioners that the allegations as levelled in the FIR are false and concocted because of family dispute between the parties. It is submitted that from the injury report it would transpire that the injuries on the informant have been opined to be simple in nature and injuries attributed to the petitioner no. 1, have been found on her leg. Petitioners have no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the relationship between the parties and the injury report of the informant, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Bajpatti P.S.
Patna High Court CR. MISC. No.17877 of 2020(3) dt.11-12-2020 3/3
Case no. 285 of 2019, they will be enlarged on bail on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Pupri, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J)
sushma/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging criminal force and assault arising from a family dispute.
1 provisions across 1 enactments
Md. Fariyad And Ors.
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
