Md. Kadir @ Kadir And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.11228 of 2016 (2) dt.02-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11228 of 2016 Arising Out of PS.Case No. -745 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Kadir @ Kadir son of Karimuddin, resident of Village- Ghurmi, Police Station- Simraha, District- Araria.
2. Sarfaraz son of Zahir, resident of Village- Karankiya, Police StationBounsi Baseti, District- Araria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party : Mr. S.Ehteshmuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Forbesganj (Simraha) P.S. Case No. 745 of 2015 for the offences instituted under Sections 1417, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. As per prosecution case all the accused persons armed with lathi and sword came hurling abuses and started assaulting the informant and the mother of the informant came to his rescue, petitioner no.1 caused injury to her from the back side of sword and the other accused persons also assaulted her with fists and feet and during course of assault the petitioners took out Rs.4,000/-
Patna High Court Cr.Misc. No.11228 of 2016 (2) dt.02-05-2016 cash and a titan watch from the possession of the informant and also snatched silver chain and golden bangles from the possession of the mother of the informant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is a case and counter case between the parties. The nature of injury is said to be simple. The injury on the part of the petitioners' side has not been explained by the prosecution side.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Forbesganj ( Simraha) P.S. Case No. 745 of 2015 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 CJM, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T