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Hasimuddin vs The State Of Bihar on 26 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46182 of 2019

Arising Out of PS. Case No.-203 Year-2017 Thana- JOKIHAT District-
Araria

1. HASIMUDDIN Son of Late Badruddin Resident of Village – Chilhaniya,
P.S.- Mahalgaon, Distt – Araria.
2. Md. Hasrat Son of Hasimuddin Resident of Village – Chilhaniya, P.S.-
Mahalgaon, Distt – Araria.
3. Md. Musa @ Musa Son of Hasimuddin Resident of Village – Chilhaniya,
P.S.- Mahalgaon, Distt – Araria.
4. Bibi Tabassum @ Tabassum Wife of Md. Hasrat Resident of Village –
Chilhaniya, P.S.- Mahalgaon, Distt – Araria.
5. Rubana @ Sabana Wife of Md. Musa @ Musa Resident of Village –
Chilhaniya, P.S.- Mahalgaon, Distt – Araria.
6. Bibi Zarina Wife of Hasimuddin Resident of Village – Chilhaniya, P.S.-
Mahalgaon, Distt – Araria.

… … Petitioners
Versus
The State of Bihar

… … Opposite Party

Appearance :
For the Petitioners : Mr. Md. Naushad Uzzoha, Advocate.
For the Opposite Party: APP

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER

2 26-07-2019 Heard learned counsel for the petitioners and learned
APP for the State.

2. The petitioners apprehend their arrest for the
offences alleged under Sections 341, Section323, Section324, Section354B, Section504, Section506/Section34
of the Indian Penal Code registered in connection with Jokihat
(Mahalgaon) P.S. Case No. 203 of 2017.

3. It is submitted that the petitioners have been falsely
implicated and in any event cognizance has been taken under
Section 354 IPC while all other sections are bailable. It is
submitted that the said provisions of Section 354 IPC is not
Patna High Court CR. MISC. No.46182 of 2019(2) dt.26-07-2019
2/2

applicable as the informant is a male. The petitioners claim clean
antecedents.

4. Be that as it may, in the event of the petitioners’
arrest or surrender before the court below within six weeks from
the date of communication of this order, let the above named
petitioners be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of like amount
each to the satisfaction of Sri Ashish Ranjan, learned Judicial
Magistrate Ist Class, Araria in connection with Jokihat
(Mahalgaon) P.S. Case No. 203 of 2017, subject to the conditions
as laid down under Section 438 (2) SectionCr.P.C., and also subject to the
following further conditions –

(i) That one of the bailors of each of the petitioners
shall be their close relatives other than the petitioners herein.

(ii) That the petitioners shall not indulge in any
similar offence till conclusion of the trial.

(iii) That the petitioner nos. 4, 5 and 6 shall be well
represented in Court on each and every date during trial except
as and when directed by the learned Court to be physically
present and petitioner nos. 1, 2 and 3 shall remain physically
present in Court on each and every date, and in the event of
failure on two consecutive dates without sufficient reason, their
bail bonds shall be liable to be cancelled by the learned Court
concerned.

(Vikash Jain, J)
Ibrar//-

U T

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