Ish Mohammad Mian @ Ish Mohammad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18570 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================
1. Ish Mohammad Mian @ Ish Mohammad Son of Kudrat Mian
2. Mustkim Mian Son of Ish Mohammad Mian
3. Amina Khatoon Wife Mustkim Mian @ Mustkim Ansari
4. Hamid Mian Son of Gulten Mian
5. Shakina Khatoon Wife of Hamid Mian @ Hamid Ansari
6. Okil Mian Son of Jamadar Mian
7. Nizamuddin Mian Son of Jamadar Mian
8. Jamadar Ansari Son of Rasul Ansari All Resident of village - Batal Chauraha, P.S. Kateya, District - Gopalganj .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ghulam Rabbani, Advocate For the State : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 337, 338, 332, 333, 307, 353, 427, 504, 506 and 120B of the Indian Penal Code.
The occurrence had taken place in between the people of Muslim community of village Maheshpur and people of Muslim community of village Batal Chouraha with respect to engraving the dead body in the concerned "Kabristan". It appears that to pacify the matter the police intervened but brick-batting took
Patna High Court Cr.Misc. No.18570 of 2016 (2) dt.09-05-2016 place and, thereafter, First Information Report was lodged against 45 named accused persons and 250 unknown persons. It is contended that so far the petitioners are concerned, the allegation is general and omnibus in nature as the specific allegation of assault is against co-accused Ali Hussain and Hajrat Mian, who had assaulted the informant on his head by bamboo and farsa. The petitioners claim to have clean antecedent. Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, 1. Ish Mohammad Mian @ Ish Mohammad, 2. Mustkim Mian, 3. Amina Khatoon, 4. Hamid Mian, 5. Shakina Khatoon, 6. Okil Mian, 7. Nizamuddin Mian and 8.
Jamadar Ansari, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Kateya Police Station Case No. 37/2016 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) SC/- U T