Badruddin @ Badruddin Khalifa And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11457 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -KHUDWAN District- AURANGABAD ======================================================
1. Badruddin @ Badruddin Khalifa Son of Late Sarafu Mian
2. Faruque Mian @ Md. Faruque Ansari Son of Late Abdul Rajak
3. Alauddin Siddiqui @ Alauddin Son of Late Majid Mian
4. Mumtaz Mian @ Mumtaz Ansari Son of Late Siyakat Mian
5. Lala Siddique @ Lal Mohammad Son of Late Majid Mian
6. Rahu Muddin Mian @ Ranumuddin Son of Late Hakim Mian
7. Islam Mian Son of Dilbar Mian
8. Imran Alam Son of Alauddin Sidiki
9. Jobbar Mian @ Abdul Jabbar Son of Rasul Mian
10. Mustkim Mian @ Mustkim Ansari Son of Late Pir Mohammad Ansari All residents of Village - Kalen, P.S. Khudwan, District Aurangabad, Bihar. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2015 Heard both sides.
The petitioners, 10 in number, apprehend their arrest in a case under Sections 376(G) and 511 of the Indian Penal Code. The informant made allegation that while she was returning after attending the call of nature, Mumtaz Miyan caught her with an intention to outrage her modesty. She has further alleged that when other persons came, the accused persons fled away. It is submitted that the allegation is false and concocted. Prior to lodging of this case, Murtaza Ansari filed Khudwan P.S. case No. 7/15 against the husband of the informant and others. The
Patna High Court Cr.Misc. No.11457 of 2015 (3) dt.24-06-2015 2/2 family members of the informant have encroached the land of the Madarsa and, that is why, this case has been lodged. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad (Bihar) in Khudwan P.S. Case No. 08/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T