Siraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12775 of 2020 Arising Out of PS. Case No.-297 Year-2017 Thana- RANIGANJ District- Araria ====================================================== SIRAJ S/o Md. Sharif R/o Rampur, P.S.- Ramoganj, Distt- Araria (Bihar). ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Shiw Kumar Prabhakar, Advocate.
For the State :
Mr. Nityanand, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2020 Heard Mr. Shiw Kumar Prabhakar, learned counsel for the petitioner, and Mr. Nityanand, learned A.P.P. for the State, through Video Conferencing.
The petitioner apprehends his arrest in connection with Raniganj P.S. Case No.297 of 2017 registered under Sections 147, 148, 341, 323, 307, 379, 354(B), 506 and 504 of the Indian Penal Code.
The accusation is that on 17.08.2017 at about 08.00 A.M., when the informant Abdul Jabbar was returning after purchasing the milk from Kamat, in the way, Abdul Bari and Md. Hasib pushed him on the ground through motorcycle. When the informant made protest, then they after getting down from the motorcycle, caused injury at his right wrist through lathi. On hearing 'Hullah", 12 other persons, named in the
Patna High Court CR. MISC. No.12775 of 2020(2) dt.02-07-2020 2/3 F.I.R., including the petitioner also reached there and started to cause assault. On seeing the occurrence of committing "MaarPeet, when the family members of the informant rushed there, then they were also assaulted by them. In that course, on the order of Abdul Bari, Siraj (petitioner) caused injury at the head of Md. Ibrar through Farsa. At that time, Md. Mosim caused injury to Sano Khatoon, the niece of the informant, and snatched her "Orhani (Dupatta)" and, thereafter, he along with Md. Ahsan and Tabrej unfolded her clothes. Md. Saheb caused injury at the neck of the niece of the informant through iron rod and Md. Lalu caused injury at the hand of the informant through iron rod. At that time, Md. Jumrat took Rs.2000/- from the pocket of the informant. The cause of occurrence is that earlier, all the aforesaid persons had demanded Rs.25000/- as ransom from the informant and due to non fulfillment of the aforesaid demand of ransom, they committed the alleged crime.
Learned counsel for the petitioner submits that due to land dispute, hot exchange of words took place between the parties but with an ulterior motive, the informant has lodged the present case. More so, the injuries, as found on the person of the informant, are simple in nature.
Having considered the facts and the circumstances of
Patna High Court CR. MISC. No.12775 of 2020(2) dt.02-07-2020 3/3 the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No.297 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T