Jabir Khan @ Jabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4553 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -SIKTI District- ARRARIA ====================================================== Jabir Khan @ Jabir S/o- Safir Khan, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 347, 341, 323, 379, 354B and 504/34 of the Indian Penal Code.

Prosecution case is that petitioner and one Haider Khan in the background of previous litigation and land dispute came to the courtyard of the informant on 05.06.2015 and started abusing and they assaulted the informant with fists, slaps and 'lathi'. It is alleged against the petitioner that he tore the blouse of the informant and made her naked when other accused persons snatched silver and gold ornaments from the informant. It is submitted by learned counsel for the petitioner that the present case has been lodged in the background of the fact that one Bibi Jinnati filed Complaint Case No.1017 C/2013 levelling

Patna High Court Cr.Misc. No.4553 of 2016 (2) dt.03-02-2016 2/2 accusation under section 498A of the Indian Penal Code against the informant and others wherein the petitioner was witness. Bibi Jinnati has also filed Complaint Case No.1812 C/13 against the informant wherein also the petitioner is a witness. As a result, the petitioner has been roped in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation in the background of litigated relationship between the parties, particularly the admission of the informant that the motive of the occurrence is land dispute, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Araria in connection with Sikty P.S. Case No.57/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T