Md. Nurul @ Md. Noorul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2121 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- BARSOI District- Katihar ====================================================== Md. Nurul @ Md. Noorul, son of Faman, Resident of Village- Goagaon, Police Station- Barsoi (Kachna O.P) District-Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad, Advocate Mr. Md. Ziaul Quamar Mr. Md. Manzer Karim, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. In this case, the petitioner is seeking anticipatory bail in connection with Barsoi (Kachna O.P.) P.S. Case No. 257 of 2018, registered for the offence under Sections 147, 149, 341, 323, 504, 354, 307 and 379 of the Indian Penal Code. From the record, it appears that both the parties are agnates and dispute arose in connection with a piece of land. Allegation has been made that on the fateful day the dispute arose on account of fact that the present petitioner has entered into the house of the informant and said that the land, in question, has already been separated and for last 20 years the land was in his possession and thereafter started hurling abuses

Patna High Court Cr.Misc. No.2121 of 2019(2) dt.16-01-2019 2/2 and assaulted the informant side and with an intention to kill the husband of the informant the petitioner tried to press the neck of the husband of the informant. When the informant opposed, leaving her husband, the petitioner engaged in disrobing her. Learned counsel for the petitioner submits that there is case and counter case from both the sides. Looking to the aforesaid facts and circumstances of the case, let the petitioner, namely, Md. Nurul @ Md. Noorul, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Barsoi (Kachna O.P.) P.S. Case no. 257 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T