Sk. Kamil And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19622 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -DAGARUA District- PURNIA ======================================================

1. Sk. Kamil, Son of Late Chchuni.

2. Md. Mangalu, Son of Late Chchuni.

3. Bibi Mustari Khatoon, Wife of Sk. Mangalu.

4. Sahnaj Begum, Wife of Md. Sultan @ Multan. All residents of VillageTariya, P.S. Dagaruwa, District- Purnea. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bijendra Kumar Singh, Advocate. For the Opposite Party : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-04-2015 The petitioners are apprehending their arrest in connection with Dagaruwa P.S. Case No. 130 of 2014 registered for the offences punishable under Sections 147, 148, 149, 386, 120(B), 307, 506, 380 and 452 of the Indian Penal Code. Heard learned counsel for the petitioners and the State. The prosecution case, in brief, is that on 13.04.2014 at 7.00 P.M. the informant was fencing, in the meantime, the petitioners came with deadly weapons and started abusing the informant on which he protested and on his protest all the accused persons with intention to kill the informant and his wife brutally assaulted them with iron rod and lathi and they also took away Rs. 50,000/- and jewelleries of Rs. 40,000/-.

It has been submitted on behalf of learned counsel for the petitioners that the petitioners have no criminal antecedent. It

Patna High Court Cr.Misc. No.19622 of 2015 (2) dt.27-04-2015 2 / 2 is further submitted that the informant and the petitioner nos. 1 and 2 are own brothers and live in the same Aangan. It is further submitted that prior to institution of the present case, Dagaruwa P.S. Case No. 125 of 2014 was instituted on behalf of the accused side and the present case is a counter blast to the said case. The present case has been instituted due to land dispute among the family members. It is further submitted that the injury has been sustained on the both sides.

On behalf of the State, it has been submitted that the petitioners are named in the First Information Report. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be granted on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Dagaruwa P.S. Case No. 130 of 2014, 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, Ist Class, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T