IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30131 of 2011
1.Meena Khatoon, W/o Nizamuddin.
2.Fenshi Khatoon, D/o Nizamuddin.
3.Alimuddin Ansari @ Alimuddin, S/o Late Mohabbat Ansari.
4.Md. Mokim Ansari @ Mokim Ansari, S/o Alimuddin
Ansari.
All are R/V Hat Baraul, P.S. Azamnagar, District Katihar.
-------Petitioners
Versus
The State Of Bihar
-----Opposite Party
-------------
03/- 24/10/2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State, who is armed with
carbon copy of the case diary.
All the four petitioners apprehending their arrest in
connection with a case registered for the offence punishable under
Sections 341, 323, 324, 353, 332, 224, 225, 307, 504 and 506/34
of the Indian Penal Code and 3 (x) S.C./S.T. Act, are named
accused in this case with allegation of causing obstruction in
official discharge in duty of the informant, who had to apprehend
their one of the family members wanted in a Sessions Trial No. 51
of 1987.
Submission is that there is general and omnibus
allegation of assault and abuse and the case is squarely covered
under a decision of Hon’ble Apex Court in a case of “Jorgia
Pentiah Vs. State of Andhra Pradesh reported in 2009 (1)
BCCR 153 SC”.
Considering the facts and circumstances of the case, in
the event of their arrest/surrender before the court below within
four weeks, let the above named petitioners be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Katihar, in connection with Azamnagar P.S.
Case No. 136 of 2010, subject to condition laid down under
Section 438(2) of the Criminal Procedure Code with additional
condition to remain physically present before the court below till
disposal of the case, in case of failure on two consecutive dates,
without giving any reasonable explanation, the liberty granted
shall be deemed to be cancelled.
( Akhilesh Chandra, J.)
Praveen/-