Md. Manki And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16387 of 2016 Arising Out of PS.Case No. -1648 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Md. Manki Son of Md. Fajal
2. Raitun Khatoon @ Raifun Khatoon Wife of Md. Manki Both Resident of Village - Bipoul, P.S.- Jogbani, District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar
2. Yogi Ram @ Yogendra Ram Son of Late Bachkan Ram Resident of Village - Dipal, P.S.- Jogbani, District - Araria .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2016 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 1648C/2013, registered for the offences punishable under Sections 323, 379, 504 of the Indian Penal Code and Section 3/4 of S.C./S.T. (Prevention of Atrocities) Act.
The complainant alleged that the petitioners and others armed with dabia, axe and sickle came and started damaging his house. On protest by the complainant and his wife, petitioners and others abused them by naming their caste and pulled the sari of the wife of complainant and made her naked. Thereafter, assaulted them and also took household articles.
Patna High Court Cr.Misc. No.16387 of 2016 (2) dt.09-05-2016 2/2 It is submitted that petitioners are daughter and son-inlaw of Md. Sohan and they have no manner of concern with the aforesaid occurrence. There is a land dispute between the two parties. Petitioners are living in their own house and the complainant falsely implicated the petitioners in this case. Considering the facts aforesaid and the fact that there is land dispute and there is no specific allegation against the abovenamed petitioners, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is 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 Judicial Magistrate, Araria in connection with Complaint Case No. 1648C/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T