Md. Kudus vs The State Of Bihar
2021 Latest Caselaw 1360 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.31903 of 2020
              Arising Out of PS. Case No.-165 Year-2019 Thana- JADIA District- Supaul
      ======================================================

1. Md. Kudus, age- 45 years, male, S/o Md. Fudur Miya

2. Md. Fudur Miya, age-72 years, male, S/o Late Saryug Miya

3. Bibi Bano Khatoon @ Bano Khatoon, age-42 years, female, w/o Md. Kudus, All R/o village- Fulkaha, Ward No. 17, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s     :        Mr. Nafisuzzoha, Advocate
      For the State            :        Ms. Meena Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-03-2021

Heard Mr. Nafisuzzoha, learned counsel for the

petitioners and Ms. Meena Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Jadia PS Case No.165 of 2019 dated 08.09.2019 instituted under

Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal

Code.

3. The allegation against the petitioner no. 1 is that on

the order from the petitioner no. 2, he assaulted the nephew of

the informant by iron rod on head and against petitioner no. 3 is

that she snatched the gold ring and silver locket of sister-in-law

of the informant.

Patna High Court CR. MISC. No.31903 of 2020 dt.09-03-2021

4. Learned counsel for the petitioners submitted that

the parties are neighbours and agnates and there is long dispute

and prior to the present case, the petitioner no. 1 lodged Jadia

PS Case No.164 of 2019 on 08.09.2019 under Sections 341,

323, 324, 307, 379, 504/34 of the Indian Penal Code against the

brother of the informant and his family members. Learned

counsel submitted that the allegation of injury by iron rod over

head has been found to be simple in nature. Learned counsel

further submitted that both sides have sustained injuries and

further, that petitioner no. 2 is aged 72 years old and the

petitioner no. 3 is a lady being a simple house wife. It was

submitted that the petitioners have clean antecedents.

5. Learned APP submitted that there is allegation of

assault against the petitioners.

6. 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 ACJM-1, Supaul, in Jadia PS Case No.165 of 2019, subject

to the conditions laid down in Section 438(2) of the Code of Patna High Court CR. MISC. No.31903 of 2020 dt.09-03-2021

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 with regard to good

behaviour of the petitioners, and (iii) that the petitioners shall

cooperate with the Court/police/prosecution. Any violation of

the terms and conditions of the bonds or failure to cooperate

shall lead to cancellation of their bail bonds.

7. 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

hearing to the petitioners.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T