Md. Afsar @ Md. Afsar Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6192 of 2016 Arising Out of PS.Case No. -279 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Md. Afsar @ Md. Afsar Alam Sonof Sheikh Jakir,
2. Jarina Khatoon @ Jarina Wife of Sheikh Jakir,
3. Amrina Khatoon, Wife of Naushad, All are resident of village - Mankaul, Police Station - K. Nagar (Srinagar), District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,325,307,504 and 506/34 of the Indian Penal Code. The prosecution case is that on 12.6.2015 at 2 P.M. when the informant was coming after offering prayer, the FIR named accused persons surrounded the informant and protested for ploughing their land when the informant conveyed that he ploughed his own share of land then petitioner no. 1 Md. Afsar assaulted with Dabia to the informant when others assaulted with fists and slaps.
Patna High Court Cr.Misc. No.6192 of 2016 (2) dt.09-02-2016 2/3 It is submitted by the learned counsel for the petitioners that the case lodged by the petitioners side is at earlier in point of time and due to land dispute the accusation has been levelled.
It is submitted by learned counsel for the State that the informant has received three injuries out of which opinion with regard to two has been kept reserved. Considering the specific accusation of assault against petitioner no. 1 above named, let the learned court below consider his prayer for regular bail in case he surrenders within six weeks from today in connection with K. Nagar (Srinagar) P.S. Case No. 279 of 2015 pending in the court of learned J.M. Ist Class, Purnea.
So far as petitioner nos. 2 and 3 are concerned, since they are ladies, the accusation against them being general and omnibus and co accused having granted anticipatory bail vide Cr. Misc. No. 48041/2015 coupled with the Statement made in paragraph 3 of the petition that petitioners have no criminal antecedent, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with
Patna High Court Cr.Misc. No.6192 of 2016 (2) dt.09-02-2016 3/3 two sureties of the like amount each to the satisfaction of learned JM Ist Class, Purnea in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T