Abdul Salam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22626 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== 1.
ABDUL SALAM, age about 55 years(M) Son of Late Idrish 2.
Abdul Kalam, age about 52 years(M), Son of Late Idrish 3.
Md. Irfan, age about 40 years(M) Son of Late Idrish 4.
Sakila Khatoon @ Gullo Khatoon, age about 50 years(F) Wife of Md. Israil Resident of Village - Awapur, Ward No. -6, P.S.- Pupri, District - Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.
The petitioners apprehend their arrest in Pupri P.S. Case No.495 of 2018 registered under Sections 147, 149, 341, 323, 324, 354, 379, 427, 504, 506 of the Indian Penal Code. The informant named seven persons including four petitioners in the F.I.R. and alleged that all the accused persons came and began to demolish his hut and assaulted the informant and his sons and other family members.
The learned counsel for the petitioners submits that there is a counter version being Pupri P.S. Case No.496 of 2018. On account of land dispute, both the sides entered into mutual
Patna High Court CR. MISC. No.22626 of 2019(2) dt.11-04-2019 2/2 assault and the injuries found on the person of the informant and his family members are superficial and simple in nature. Taking into consideration the facts aforesaid and the fact that there is a case and counter case which shows that both sides entered into mutual assault on account of land dispute, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri at Sitamarhi in connection with Pupri P.S. Case No.495 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T