Mahboob And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14130 of 2019 Arising Out of PS. Case No.-81 Year-2017 Thana- JOKIHAT District- Araria ====================================================== 1.

Mahboob, son of Late Moinuddin @ Dosat Ali, Resident of Village - Ghormara, P.S.- Mahalgaon, Distt.- Araria.

2.

Manjoor @ Manjoor Alam, son of Late Moinuddin @ Dosat Ali, resident of Village - Ghormara, P.S.- Mahalgaon, Distt.- Araria. 3.

Rinku @ Danish, son of Mahboob, resident of Village- Ghormara, P.S.- Mahalgaon, Distt.- Araria.

4.

Jugnu @ Aquib, son of Mahboob, resident of Village - Ghormara, P.S.- Mahalgaon, Distt.- Araria.

5.

Haji Rafique, son of Late Dosat Ali @ Haji Rafiquddin, resident of Village - Ghormara, P.S.- Mahalgaon, Distt.- Araria.

6.

Bibi Romana @ Romana, wife of Mahboob, resident of Village - Ghormara, P.S.- Mahalgaon, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2019 The petitioners seek bail in anticipation of their arrest in connection with Jokihat (Mahalgaon) P.S. Case No. 81 of 2017 dated 12.03.2017 instituted for the offences under Sections 341, 323, 324, 307, 354(B), 379, 504, 506, 34 of the Indian Penal Code.

The children of the two families fought amongst themselves and the elders also entered the fray. Though the petitioner No. 1 is said to have

Patna High Court CR. MISC. No.14130 of 2019(2) dt.08-03-2019 2/3 assaulted the informant, who has received two injuries, one of which has been opined to be grievous but the weapon of assault is a cricket bat. So far as the other petitioners are concerned, they are also stated to have inflicted some harm to the victims of this case. The husband of the informant has received simple injuries. Conversely, the petitioner No. 1 has received two injuries, one of which has been opined to be grievous.

Naturally, there is a Counter version of the occurrence as well.

The investigation of this case is still pending. Regard being had to the fact that petitioners and informants are neighbours and the dispute arose out of a fight between the children of the two houses, the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with

Patna High Court CR. MISC. No.14130 of 2019(2) dt.08-03-2019 3/3 Jokihat (Mahalgaon) P.S. Case No. 81 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

While saying so, this Court has also taken note of the fact that petitioners do not have any criminal antecedents.

(Ashutosh Kumar, J) Shageer/- U T