Patna High Court
Md. Qurban Ali @ Qurban Ali @ Dablu vs The State Of Bihar on 20 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35497 of 2020
Arising Out of PS. Case No.-8 Year-2020 Thana- KISHANGANJ District- Kishanganj
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1. Md. Qurban Ali @ Qurban Ali @ Dablu, aged about 24 years, Male,
2. Ramjan Ali @ Bablu, aged about 28 years, Male,
3. Barik @ Tinkori, aged about 32 years, Male,
4. Aarif Ali @ Aarif @ Satanu, aged about 30 years, Male,
All sons of Md. Rajibul @ Rajibul, resident of Village- Chamanpur,
Chikatoli, P.S.- Kishanganj, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the State : Mr. Raj Ballabh Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 20-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. Amal Kumar Sinha, learned counsel for
the petitioners and Mr. Raj Ballabh Singh, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioners apprehend arrest in connection with
Kishanganj PS Case No. 08 of 2020 dated 04.01.2020, instituted
under Sections 452, 341, 323, 308, 427 and 354-B/34 of the
Indian Penal Code.
4. The allegation against the petitioners is that they
were assaulting their father and when he took shelter in the
Patna High Court CR. MISC. No.35497 of 2020 dt.20-07-2021
house of his brother, who is the informant, the petitioners came
to his house and also assaulted him.
5. Learned counsel for the petitioners submitted that
the father of the petitioners has not filed any complaint and the
same has also been done after two days and the allegation is also
general and omnibus without there being any overt act alleged
and there is no injury on the side of the informant. Learned
counsel submitted that the petitioners have no criminal
antecedent.
6. On 21.06.2021, the Court had taken note of the
submission of learned counsel for the petitioners and had asked
learned APP to obtain the up-to-date legible photocopy of the
entire case diary of Kishanganj PS Case No. 08 of 2020 as also
a report from the Superintendent of Police, Kishanganj, as to
whether the father, who is said to have been assaulted by the
petitioners, has voluntarily affirmed affidavit in the present case.
A report has been submitted which indicates that he has given in
writing that he has done so without any pressure or fear or
inducement.
7. Learned APP submitted that injury report shows
lacerated wound on right forearm, lacerated injury on left
eyebrow, lacerated wound on the left maxilla and swelling on
Patna High Court CR. MISC. No.35497 of 2020 dt.20-07-2021
the left maxilla.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Kishanganj, in
Kishanganj PS Case No. 08 of 2020, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 and further (i) that one of the bailors shall be a close
relative of the petitioners, (ii) that the petitioners and the bailors
shall execute bond and give undertaking with regard to good
behaviour of the petitioners, and (iii) that the petitioners shall
cooperate with the Court and the police/prosecution. Any
violation of the terms and conditions of the bonds or
undertaking or failure to cooperate shall lead to cancellation of
their bail bonds.
9. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioners, to the notice of the Court concerned, which shall
take immediate action on the same after giving opportunity of
Patna High Court CR. MISC. No.35497 of 2020 dt.20-07-2021
hearing to the petitioners.
10. The petition stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
