Sabirul @ Malhu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17639 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ======================================================
1. Sabirul @ Malhu
2. Azizul Shah Both sons of Late Hashim Shah
3. Rahmat Shah S/o Rabbani Shah
4. Kapil Shah @ Kapil S/o Mumtaz Shah
5. Islam Shah S/o Late Zanif Shah
6. Ejaz Shah @ Md. Ejaj Shah S/o Late Ozair Shah All R/o village - Dharnipatti, P.S. Bahadurpur, Distt. - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsels for the petitioners, informant and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,447,341,323,324,307,379 and 504 of the Indian Penal Code.
It is alleged that co accused Rabbani Shah assaulted with Farsa on the head of the informant when Raushan Khatoon came to rescue then petitioner no. 1
Patna High Court Cr.Misc. No.17639 of 2015 (2) dt.18-05-2015 2/3 assaulted with Farsa on her head, as a result she fell down and thereafter other accused persons assaulted with fists and slaps. Co accused Md. Asfaque snatched gold chain from the neck of Raushan Khatoon.
It is submitted by the learned counsel for the petitioners that Raushan Khatoon received only one lacerated injury of marginal size caused by hard and blunt substance though it is alleged that she was assaulted with sharp cutting weapon and the accusation against other petitioners gets negated in view of the fact that Raushan Khatoon received no other injury. It is further submitted that the accusation has been levelled in the background of serious land dispute. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Bahadurpur
Patna High Court Cr.Misc. No.17639 of 2015 (2) dt.18-05-2015 3/3 P.S. Case No. 36 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T