Ikramul Haque @ Ikramul vs The State Of Bihar
2021 Latest Caselaw 4427 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.32051 of 2021
           Arising Out of PS. Case No.-18 Year-2021 Thana- RAUTARA District- Katihar
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1. Ikramul Haque @ Ikramul, aged about 32 years (Gender-M), S/o Rustam Ali

2. Saidul @ Saidur Rahman, aged about 33 years (Gender-M), S/o Usman Ali

Both residents of village- Chanpi, P.S.- Rautara, District- Katihar

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-09-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioners, which

was allowed.

3. Heard Mr. Bimal Kumar, learned counsel for the

petitioners and Mr. Sanjay Kumar Sharma, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioners apprehend arrest in connection with

Rautara PS Case No. 18 of 2021 dated 08.02.2021, instituted

under Sections 341/323/307/354(B)/379/504/506/34 of the

Indian Penal Code.

Patna High Court CR. MISC. No.32051 of 2021 dt.03-09-2021

5. The allegation against the petitioners and seven

others is of assault on the informant's son and her other family

members and also of trying to outrage the modesty of the

informant as well as her daughter.

6. Learned counsel for the petitioners submitted that

the parties are co-villagers and neighbours and live close by and

prior to the present case, co-accused Md. Humayoun had lodged

Rautara PS Case No. 17 of 2021 for the same incident in which

it is alleged that the son of the informant had tried to commit

rape with his daughter by forcibly taking her to his under-

construction house and upon cry raised by her, others had come

and the informant's side had assaulted due to which injury was

caused and they were treated at Sadar Hospital, Katihar.

Learned counsel submitted that out of nine co-accused, seven

had been granted bail by the Court below and only the prayer

for anticipatory bail of the present two petitioners was rejected

only on the ground that there was specific allegation of assault

on them. Learned counsel submitted that in the fight, both sides

have received injuries and the so-called assault by the

petitioners has resulted in only simple injury, copies of which

have been brought on record vide Annexure-3 series. It was

further submitted that the petitioners have no other criminal Patna High Court CR. MISC. No.32051 of 2021 dt.03-09-2021

antecedent.

7. Learned APP submitted that the petitioners have

assaulted the informant side. However, in view of copies of

injury reports having been brought on record, he did not

controvert the fact that the same are simple in nature.

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 concerned Judicial Magistrate 1st Class, Katihar in

Rautara PS Case No. 18 of 2021, 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 the

undertaking or non-cooperation shall lead to cancellation of

their bail bonds.

Patna High Court CR. MISC. No.32051 of 2021 dt.03-09-2021

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions 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.

10. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T